IN THE CASE OF:	  

		BOARD DATE:  1 November 2012

		DOCKET NUMBER:  AR20120007505 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB), Basic Air Crew Member Badge (which was renamed the Basic Aviation Badge in 2000), Army Good Conduct Medal, Air Assault Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (106mm Recoilless,     M-16 Rifle, and .45 Caliber Pistol). 

2.  He states while he was in Vietnam he held an infantry military occupational specialty (MOS) and was involved in active combat with hostile forces during the Counteroffensive, Phase III campaign.  He also states for the 6 months he was assigned to the 118th Assault Helicopter Company (formerly the 118th Aviation Company), he was a member of an air crew with duties as a door gunner and crew chief. 

3.  The applicant provides his DD Form 214, five special orders, and a page from his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he enlisted in the Regular Army (RA) on 
31 January 1966.  Upon completion of initial entry training he was awarded MOS 11H (Infantry Direct Fire Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 22 (MOS) the entry:

* secondary MOS 11H, effective 8 July 1966 
* primary MOS 73C (Disbursement/Examining Specialist), effective 30 December 1966

	b.  item 27 (Military Education) he completed the Pay/Disbursement Specialist course in MOS 73C, 8 weeks, in 1966. 

	c.  item 27 he completed the Advanced Leadership Training course in MOS 11H, 4 weeks, in 1966.

	d.  item 31 (Foreign Service) he served in Vietnam from 14 February 1967 to 27 September 1968. 

	e.  item 38 (Record of Assignments) he was assigned to the:

		(1)  Administration Company, Support Battalion, 1st Brigade, 101st Airborne Division, from 26 February 1967 to 4 April 1968, performing duties in MOS 73C as a pay disbursing specialist;
 
		(2)  118th Assault Helicopter Company, from 5 April to 25 September 1968, performing duties as a crew chief in MOS 67N (Crew Chief);

		(3)  he received all "excellent" conduct and efficiency ratings.
   
   f.  item 41 (Awards and Decorations) shows:
   
   	(1)  Special Orders Number 23, issued by Headquarters, 3d Brigade, dated 16 March 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
   
   	(2)  Special Orders Number 103, issued by Company D, 7th Training Brigade, dated 6 July 1966, awarded him the Expert Marksmanship Qualification Badge for qualification with the 106mm recoilless rifle.
   
4.  There is no evidence of record and he did not provide any evidence that shows he completed an air assault training course at any time during his service.

5.  His record contains and he submitted:

	a.  a letter of commendation, dated 8 April 1966, which shows he was selected as the distinguished trainee of his company during his basic training combat training cycle.

	b.  Special Orders Number 96, issued by Headquarters, U.S. Army School Training Center, Fort Gordon, dated 19 April 1966, which show he was  reassigned to Fort Gordon for the purpose of attending MOS 11C (Indirect Fire Infantryman) training.

	c.  Special Orders Number 312, issued by Headquarters, 101st Airborne Division and Fort Campbell, dated 30 December 1966, which show he was awarded primary MOS 73C2P and secondary MOS 11H2P.  Primary MOS 11H1P was withdrawn.

	d.  Special Orders Number 12, issued by Headquarters, 101st Airborne Division and Fort Campbell, dated 12 January 1967, which show he was assigned to the 90th Replacement Battalion in MOS 11H1P.

	e.  Special Orders Number 2653, issued by Headquarters, 1st Aviation Brigade, dated 14 May 1968, which show he was awarded the Air Medal for meritorious achievement.

	f.  Special Orders Number 134, issued by Headquarters, 1st Aviation Brigade, dated 14 May 1968, which show he was assigned duties in MOS 67N as a Nonaviator - Crewmember Crew Chief, effective 14 April 1968.

6.  His DD Form 214 shows:
   a.  he was honorably released from active duty on 28 September 1968 and
transferred to the U.S. Army Reserve Control Group (Reinforcement); and   
   b.  in item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, Air Medal, Parachutist Badge, Vietnam Service Medal, and Bronze Star Medal.  

7.  Army Regulation 600-8-22 (Military Awards) provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated for permanent award of the Basic Aviation Badge, an individual must have performed as a crew chief in the case of crew chiefs, electronic sensor system operators, and flight engineers or as a non-crewmember in the case of observers, medical aidmen, gunners, aircraft maintenance supervisors, or technical inspectors for not less than 12 months (not necessarily consecutive) or must have been school trained for a principal duty specified above.  

9.  Army Regulation 600-8-22 states the basic eligibility criteria for award of the Air Assault Badge consists of satisfactory completion of an air assault training course according to the Training and Doctrine Command (TRADOC) standardized Air Assault Core Program of Instruction or the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) since 1 April 1974.  The badge approval authority is a division or separate brigade commander or the commander of the 101st Airborne Division (Air Assault).

10.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the:


	a.  118th Assault Helicopter Company, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 27 March to 18 May 1968 by Department of the Army General Orders (DAGO) Number 46, dated 1969 and 
   
   b.  101st Administration Company, the unit to which the applicant was also assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for action during the period 18 March 1968 to       2 May 1970 by DAGO Number 39, dated 1970. 
      
13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  It further states that a silver service star is worn in lieu of five bronze service stars to denote participation in five campaigns.  
Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:
* Vietnam Counteroffensive Phase II (July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

DISCUSSION AND CONCLUSIONS:
1.  Evidence of record shows the applicant was initially awarded primary MOS 11H.  However, 11H was withdrawn as his primary MOS and 73C was awarded as his primary MOS.  The applicant's record also shows he was assigned to an Administration Company with duties in MOS 73C and an Assault Helicopter unit with duties in MOS 67N while stationed in Vietnam.  There is no evidence he performed duties as an 11H while in Vietnam.  

2.  By regulation, in order to support award of the Combat Infantryman Badge there must be evidence not only that a member held and served in an infantry MOS while assigned to a qualifying infantry unit; the evidence must also show he was personally present and participated with his qualifying infantry unit while the unit engaged in active ground combat with enemy forces.  Therefore, he is not entitled to have his DD Form 214 corrected to show award of the Combat Infantryman Badge.



3.  With respect to the Basic Aviation Badge:

	a.  The applicant does not meet the criteria for this award.  In order to be awarded a permanent award of this badge, he would have had to hold the principal duty assignment as a crewmember, had to be on flying status for
12 months, and required to have been qualified based on a Class III physical examination.
	
	b.  Regretfully, he performed duties as a crewmember - crew chief for a period of less than 12 months.  Additionally, his record is void of evidence that shows he was qualified based on a Class III physical examination while holding the principal duty assignment as a crewmember - crew chief.  Therefore, he is not entitled to have his DD Form 214 corrected to show award of the Basic Aviation Badge.

4.  Award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army TRADOC standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  There is no evidence the applicant met this criteria.  Therefore, he is not entitled to this award.

5.  There is no evidence of record nor did he submit any evidence that shows he was awarded the Expert Marksmanship Qualification Badge for the .45 Caliber Pistol Bar or the M-16 Rifle.  Therefore, he is not entitled to have his 
DD Form 214 corrected to show these qualification badges.

6.  The available evidence confirms the applicant served in the Army from 
31 January 1966 to 28 September 1968.  His records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information that would have disqualified the applicant from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

7.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Expert Marksmanship Qualification Badge with Rifle Bar (Recoilless).  Therefore, he is entitled to have these badges added to his 
DD Form 214. 

8.  DAGO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show these citations.

9.  Records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ____ ____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; 

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 31 January 1966 to 28 September 1968; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (Recoilless).  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Infantryman 


Badge, Basic Aviation Badge, Air Assault Badge, and Marksmanship Qualification Badges with Pistol Bar for the 45-Caliber Pistol or the M-16.



      _______ _   X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20120007505





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ABCMR Record of Proceedings (cont)                                         AR20120007505



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