IN THE CASE OF:	

		BOARD DATE:	    23 January 2014

		DOCKET NUMBER:  AR20130005233 


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:

* his rank and grade as sergeant (SGT)/E-5
* his military occupational specialty (MOS) as 11B2S (Light Weapons Infantryman)
* Combat Infantryman Badge 
* Bronze Star Medal 
* Purple Heart
* Air Medal
* Army Commendation Medal 
* Army Good Conduct Medal 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Meritorious Unit Commendation 
* Overseas Service Ribbon
* American Defense Service Medal
* Expert Marksmanship Qualification Badge with Mortar Bar 
* Airborne and Air Assault Medal (interpreted to mean the Parachutist Badge and the Air Assault Badge)

2.  He also requests correction of his DD Form 214 to show:

* Vietnam Honorary Jump Wings
* several commemorative medals
* Special Operations Medal
* Cold War Victory Medal
* Foreign Expeditionary Services
* Tet Campaign Medal
* U.S. Army Medal

3.  He further requests to be issued the medals.

4.  The applicant states:

* his captain put him in for promotion to SGT, the Purple Heart, Bronze Star Medal, and other medals
* upon returning from an operation, he discovered that his captain had been replaced
* he later discovered that his captain was replaced because of not taking care of business which included the paperwork for his promotion and awards
* he was told not to worry and that the issues would catch up with him in civilian life to include any back pay due
* he just wanted to go home so he signed the document and left
* the only thing he ever received in civilian life was his Vietnam jump wings which he received 1 month after his departure from the military 
* he thought that his other medals would follow but they never did
* his unit's orders came from the Central Intelligence Agency and they were in a top secret out-post so no one cared to follow up on what they did

5.  The applicant provides the documents identified in a list of enclosures. 

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 is requesting to be issued medals.  However, service medals and awards are not issued by the ABCMR.  He may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 13 December 1965.  He was awarded MOS 11C (Indirect Fire Infantryman) upon completion of initial entry training.  

4.  Special Orders Number 57, dated 8 April 1966, issued by Headquarters (HQ), 3rd Training Brigade, Fort Jackson, SC, awarded him the Expert Marksmanship Qualification Badge with Mortar Bar.

5.  Special Orders Number 112, dated 18 May 1966, issued by HQ, U.S. Army Infantry Center, Fort Benning, GA, awarded him the Parachutist Badge.  

6.  Special Orders Number 94, dated 14 July 1966, issued by HQ, 50th Signal Battalion, awarded him MOS 31M (Radio Relay Carrier Operator) and withdrew MOS 11C.  

7.  He accepted nonjudicial (NJP) punishment on 29 August 1966 for disobeying a lawful order issued by his first sergeant (1SG) and on 24 January 1967 for being absent without leave (AWOL) during the period 19 - 23 January 1967.  

8.  His DA Form 20 (Enlisted Qualification Record), as amended by two DA Forms 2876 (Report of Change for DA Form 20), shows in:

	a.  item 31 (Foreign Service), he served in Vietnam from 3 April 1967 through 2 October 1968;

	b.  item 33 (Appointment and Reductions), he was promoted to the rank and grade of specialist four (SP4)/E-4 on 16 August 1967;

	c.  item 38 (Record of Assignments), he served with Signal Company, 5th Special Forces Group (SFG), 1st Special Forces while in Vietnam;

	d.  item 38, he received "excellent" conduct and efficiency ratings throughout his active duty service;

	e.  item 40 (Wounds) no entries were recorded;

	f.  item 41 (Awards and Decorations) the:

* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* National Defense Service Medal

9.  Special Orders Number 298, dated 26 October 1967, issued by HQ, 5th SFG, 1st Special Forces, awarded him the Combat Infantryman Badge.  

10.  Special Orders Number 301, dated 29 October 1967, issued by HQ, 5th SFG, 1st Special Forces, awarded him MOS 36C (Wireman).  

11.  There are no orders or any other evidence in his available military records that indicate he was:

* awarded MOS 11B
* promoted to the rank and grade of SGT/E-5
* awarded the Purple Heart or that he was treated for a combat-related wound
* awarded or recommended for the Bronze Star Medal, Air Medal, Army Commendation Medal, Army Good Conduct Medal, Overseas Service Ribbon, American Defense Medal, or the Air Assault Badge

12.  Special Orders Number 303, dated 29 October 1968, issued by HQ, U.S. Army Personnel Center, Fort Lewis, WA, directed the applicant's release from active duty and transfer to the U.S. Army Reserve.  The orders show his rank and grade as SP4/E-4 and his MOS as 36C.  

13.  He was honorably released from active duty on 30 October 1968 after completing 2 years, 10 months, and 18 days of creditable active duty service.  His DD Form 214 shows his rank and grade as SP4/E-4 and his MOS as 36C.  The DD Form 214 also shows he was awarded or authorized the National Defense Service Medal, Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and three Overseas Service Bars.

14.  A review of the Adjutant General's Office Casualty Division's Vietnam Casualty Listing does not show the applicant's name as a combat casualty.

15.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders pertaining to the applicant.

16.  The applicant provides:

	a.  Travel orders, pictures of his military uniform, and a copy of his Armed Forces of the United States Geneva Convention Identification Card that show his rank and grade as SGT/E-5.

	b.  A third-party statement in which the author states that he served with the applicant in Vietnam and that he witnessed when the applicant was wounded in his lip by a rocket grenade fragment and by a "grazed" bullet to his left side.  

	c.  Pictures of himself pointing out a scar on his upper lip.

	d.  A DA Form 137 (Installation Clearance Record) that shows his conduct and efficiency ratings as "excellent."

17.  Army Regulation 600-8-22 states:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	c.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	e.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

	f.  The Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command 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.

	g.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:

* Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnamese Counteroffensive Phase IV ( 2 April - 30 June 1968) 
* Vietnamese Counteroffensive Phase V (1 July - 1 November 1968)

	h.  The American Defense Service Medal is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

18.  Army Regulation 600-8-22 does not identify the following awards as authorized awards that are to be recorded on the DD Form 214:

* Vietnam Honorary Jump Wings
* Special Operations Medal
* Cold War Victory Medal
* Foreign Expeditionary Services
* Tet Campaign Medal
* U.S. Army commemorative medals

19.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during his assignment to the 5th SFG, 
1st Special Forces, it was cited for the following unit awards:

	a.  Presidential Unit Citation for the period 1 November 1966 to 31 January 1968 by Department of the Army General Orders (DAGO) Number 45, dated 1969;

	b.  Meritorious Unit Commendation for the period 31 January - 31 December 1968 by DAGO Number 70, dated 1969;

	c.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1964 to 17 May 1969 by DAGO Number 59, dated 1969

	d.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period January 1968 to 24 September 1970 by DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and supporting documentation have been carefully reviewed and considered.

2.  Special orders show he was awarded the Combat Infantryman Badge, Parachutist Badge, and the Expert Marksmanship Qualification Badge with Mortar Bar.  Therefore, these badges should be added to his DD Form 214.  

3.  He was awarded the Vietnam Service Medal; however, he participated in five campaigns during his service in Vietnam.  Therefore, he is authorized a silver service star for wear on his Vietnam Service Medal and correction of his DD Form 214 to reflect this silver service star.

4.  His unit in Vietnam was cited for awards of the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, these unit awards should also be added to his DD Form 214.

5.  There is no evidence in his military records that shows he was awarded MOS 11B or that he was promoted to the rank and grade of SGT/E-5 during his active duty service.  Therefore, there is no basis to correct his DD Form 214 to show his MOS as 11B or to show his rank and grade as SGT/E-5.

6.  His DA Form 20 contains no entries indicating he was wounded in action and there is no evidence in his military records that indicates he was treated for a combat-related wound.  His name is not listed on the Vietnam casualty listing.  The governing regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action and that the injury required treatment by medical personnel.  In the absence of such evidence, the third-party statement and the pictures provided are insufficient evidence on which to base awarding him the Purple Heart and/or correcting his DD Form 214 to show this award.

7.  There are no orders or any other evidence indicating he was awarded the Bronze Star Medal, Air Medal, Army Commendation Medal, or the Air Assault Badge.  Therefore, there is no basis to correct his DD Form 214 to show these awards.

8.  Although his DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his active duty service, evidence shows he accepted NJP for disobeying a lawful order from his 1SG and for being AWOL for 4 days.  In the absence of orders or any other evidence indicating he was awarded or recommended for the Army Good Conduct Medal, it is presumed that his commander made a conscious decision not to award him the Army Good Conduct Medal based on his misconduct.  Therefore, this portion of his request should also be denied.

9.  He served on active duty from 13 December 1965 to 30 October 1968.  Therefore, he did not serve a period of qualifying service for awards of the Overseas Service Ribbon or the American Defense Service Medal.  As a result, there is no basis to correct his DD Form 214 to show these awards.

10.  He is requesting correction of his DD Form 214 to show several awards and commemorative medals which are not identified in Army Regulation 600-8-22 as authorized awards that are to be recorded on the DD Form 214:  Therefore, there is no basis to correct his DD Form 214 to show the following awards:

* Vietnam Honorary Jump Wings, 
* Special Operations Medal
* Cold War Victory Medal
* Foreign Expeditionary Services
* Tet Campaign Medal
* U.S. Army Medal
* commemorative medals

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  deleting the Vietnam Service Medal from his DD Form 214 and 

	b.  adding to his DD Form 214 the following:

* Vietnam Service Medal with one silver service star
* Combat Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Mortar Bar
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 correcting his DD Form 214 to show:

* His rank and grade as SGT/E-5
* His MOS as 11B
* Bronze Star Medal
* Purple Heart
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Overseas Service Ribbon
* American Defense Service Medal
* Air Assault Badge
* Vietnam Honorary Jump Wings
* Special Operations Medal
* Cold War Victory Medal
* Foreign Expeditionary Services
* Tet Campaign Medal
* U.S. Army commemorative medals



      ___________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)                                         AR20130005233



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ABCMR Record of Proceedings (cont)                                         AR20130005233



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