IN THE CASE OF:	  

		BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120010970 


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: 

* Vietnam service
* Combat Infantryman Badge (CIB)
* Presidential Unit Citation
* marksmanship qualification badges
* infantry, parachute rigger, and transportation specialist military occupational specialties (MOS's)
* jungle warfare training, infantry advanced individual training (AIT), and leadership training

2.  He states the requested entries are missing from his DD Form 214 due to oversight.  He also asks for verification that the addition of the National Defense Service Medal as shown by the correction on his DD Form 215 (Correction to DD Form 214) was actually accomplished because he didn't receive a new DD Form 214 showing that it was.

3.  He provides:

* DD Form 214
* DD Form 215, dated 27 December 1966
* edition of a company paper
* various documents and letters 

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.  His military records show he enlisted in the Regular Army on 18 March 1963.  He completed basic combat and advanced individual training and was awarded the primary MOS of 111.00 (light weapons infantryman) by Headquarters, Fort Gordon, Special Orders Number 179, dated 27 July 1963.  The highest rank/grade he held was specialist four/E-4.

3.  His DA Form 20 (Enlisted Qualification Record), item 22 (Military Occupational Specialties) shows he was awarded MOS 43E (parachute pack and maintenance air delivery) effective 27 November 1963 and MOS 64B (heavy vehicle driver) effective 13 January 1965. 

4.  His DA Form 20 shows in:
 
* item 27 (Military Education) he completed the 12-week Parachute Pack and Maintenance and Air Delivery Course
* item 29 (Qualification in Arms) the Expert Marksmanship Qualification Badge with Rifle Bar (M-1), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* item 31 (Foreign Service) he served in Okinawa during the period 15 December 1963 through 10 June 1965
* item 38 (Record of Assignments) he attended light weapons infantryman AIT during the period 1 June to 3 August 1963
* item 38 he attended the Parachute Pack and Maintenance and Air Delivery Course beginning on 2 September 1963
* item 38 he served as a heavy truck driver while he was assigned to Company C, 173d Support Battalion, 173d Airborne Brigade (Separate), during the period 15 January 1964 to 23 August 1965
* item 41 (Awards and Decorations) he was authorized or awarded the Parachutist Badge and Armed Forces Expeditionary Medal

5.  Headquarters, 173d Airborne Brigade (Separate), Special Orders Number 114, dated 11 May 1965, indicate the applicant was scheduled to return stateside from overseas with a projected arrival date of 20 July 1965.

6.  His DD Form 214 shows he was honorably released early from active duty on 23 December 1965 to attend school.  He completed a total of 2 years, 9 months, and 16 days of creditable active service.

7.  His DD Form 214 further shows:

* his awards as the Parachutist Badge and Armed Forces Expeditionary Medal
* he completed the Parachute Pack and Maintenance and Air Delivery Course during the period 7 June-4 August 1963
* 1 year, 5 months, and 26 days of foreign service in Okinawa

8.  A DD Form 215, dated 25 July 1967, shows:

* addition of the National Defense Service Medal
* amendment of item 24c (Foreign and/or Sea Service) to show 1 year, 
   7 months, and 1 day of foreign service
* in item 32 (Remarks) the addition of Vietnam to item 24c 
* DD Form 215 issued on 27 December 1966 was voided

9.  A review of his records failed to reveal any evidence he completed jungle warfare training or leadership training at a service school.

10.  A U.S. Army Records Center (USARCEN) Form 408 (Record of Determination) shows it was determined that he served in Vietnam during the period 12 May-12 July 1965.

11.  His service records do not contain orders awarding him the CIB.

12.  His records are void of any orders or other documents that indicate he was ever awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

14.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, and unit decorations.  It states 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.  During the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  It further states that combat service alone is not a sufficient basis to support award of the CIB.

15.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  The boundaries of the Vietnam combat zone for campaign participation credit are defined as an area which includes Vietnam and the water adjacent thereto.

16.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour of duty in Vietnam he participated in the Vietnam Defense Campaign 
(8 March-24 December 1965).

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 173d Support Battalion was cited for the:

* Presidential Unit Citation during the period 6-23 November 1967 by Department of the Army General Orders (DAGO) 42, dated 1969, as amended by DAGO 5, dated 1979
* Meritorious Unit Commendation for the period 5 May 1965-4 May 1967 by DAGO 48, dated 1968
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation during the period 5 May 1965-26 September 1970 by DAGO 51, dated 1971

18.  Army Regulation 635-5 (Personnel Separations – Separation Documents) establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It provides for reissue of a DD Form 214 if a correction would require issuance of more than two DD Forms 215.  It further provides for entering:

	a.  the primary MOS code and title in item 25a (Specialty Number and Title);

	b.  service schools including dates and major courses which were successfully completed it item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed); and

	c.  installation qualification courses the Soldier completed successfully during the period covered by the DD Form 214 being prepared in item 29 (Other Service Training Courses Successfully Completed).

19.  Change Number 11 to Army Regulation 635-5, effective 27 January 1970, prescribed additional entries regarding inclusive dates of service in Vietnam to be entered in the "Remarks" section of the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he was awarded an infantry MOS on orders.  However, his DA Form 20 shows he was assigned to a heavy truck driver position while serving overseas.  In the absence of substantive evidence to show he served in active ground combat in an infantry position, there is an insufficient basis to award the CIB in this case.

2.  He completed a period of qualifying service for award of the Army Good Conduct Medal ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 18 March 1963 through 23 December 1965 and add this award to his DD Form 214.

3.  A USARCEN Form 408 shows he served in Vietnam during the period 12 May-12 July 1965.  Therefore, it would be appropriate to amend item 32 of his DD Form 214 by adding to item 24c, "Vietnam 12 May-12 July 1965."

4.  The above period of Vietnam service is qualifying service authorized the Vietnam Service Medal.  Evidence shows he participated in one campaign while serving in Vietnam.  Therefore, it would also be appropriate to add the Vietnam Service Medal with one bronze service star to his DD Form 214.  

5.  The 173d Support Battalion was awarded the Meritorious Unit Commendation and RVN Gallantry Cross with Palm Unit Citation during a period when he was assigned to that unit.  Therefore, he is entitled to have his DD Form 214 amended to show these unit awards. 

6.  The 173d Support Battalion was cited for the Presidential Unit Citation for a period after the applicant was released from active duty.  Therefore, he is not entitled to have this unit award added to his DD Form 214.

7.  His DA Form 20 shows the Expert Marksmanship Qualification Badge with Rifle Bar (M-1), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, it would be appropriate to add these qualification badges to his DD Form 214.

8.  He requested that his DD Form 214 be corrected to show he held an infantry MOS and parachute rigger MOS.  His records show he held these two MOS's.  However, Army Regulation 635-5 provides only for entering the PMOS on a Soldier's DD Form 214.  His DA Form 20 shows the PMOS he held at the time of his separation from active duty was 64B.  Therefore, the 64B2P entry in item 25a of his DD Form 214 is correct.  There is no error or injustice.

9.  Item 38 of his DA Form 20 shows he attended the Parachute Pack and Maintenance and Air Delivery Course beginning on 2 September 1963.  It is estimated that he completed this course approximately 12 weeks later on 22 November 1963.  Therefore, it would be appropriate to amend the dates of this training in item 28b of his DD Form 214 to show 2 September-22 November 1963.

10.  Item 38 of his DA Form 20 shows he attended Light Weapons Infantryman AIT during the period 1 June to 3 August 1963.  Therefore, he is entitled to have this training added to item 28 of his DD Form 214.

11.  His record is void of any evidence he completed jungle training or leadership training at a service school.  As such, there is no basis for entering this training to his DD Form 214.

12.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 was 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 18 March 1963 through 23 December 1965; and

	b.  reissuing his DD Form 214 incorporating the changes below:

* amending item 24c to show 1 year, 7 months, and 1 day
* adding to item 28 USA Infantry School, 1 June-3 August 1963, Light Weapons Infantry AIT
* deleting the dates 7 Jun-4 Aug 63 from item 28b
* adding the dates 2 September-22 November 1963 to item 28b
* amending item 32 by adding "Item 24c: Vietnam 12 May - 12 July 1965"
* adding the:

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)


2.  The Board further determined 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 adding to his DD Form 214 the CIB, Presidential Unit Citation, an infantry MOS, MOS 43E, jungle warfare training, and leadership training.




      _______ _   _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)                                         AR20120010970



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ABCMR Record of Proceedings (cont)                                         AR20120010970



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