IN THE CASE OF:	  

		BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130009386 


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 in:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) -
 
* Bronze Star Medal (BSM)
* "V" Device on already listed Army Commendation Medal (ARCOM)
* Army Good Conduct Medal (AGCM)
* Combat Infantryman Badge (CIB)

	b.  item "21a" (taken to mean item 23a (Specialty Number and Title)) - "flight crew member [duty military occupational specialty (DMOS)] 11B2O"

2.  The applicant states he believes he earned the CIB for the actions and type of duties he performed.  He was an aerial door gunner on a helicopter.  He was in contact with the enemy on a daily basis from the air and when on the ground the contact was ongoing.  While re-arming his UH1 he found himself taking heavy incoming mortar rounds and rockets from the perimeter.  He also believes he earned the AGCM based on the above.  

3.  The applicant provides:

* General Orders Number 1781 (ARCOM with "V" Device)
* General Orders Number 5110 (Air Medal - Second Oak Leaf Cluster))
* General Orders Number 5458 (BSM - First Oak Leaf Cluster))
* Special Orders Number 107 (Hazardous Duty – Flight Crew Member)
 
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.  On 23 August 1966, he was inducted into the Army of the United States.  He was awarded MOS 56C (later changed to 76W) (Petroleum Storage Specialist) and was advanced to the rank of specialist four/pay grade E-4.

3.  His DA Form 20 shows in: 

* item 31 (Foreign Service), he was credited with service in Vietnam from 22 April 1967 to 29 May 1968
* item 38 (Record of Assignments), he was assigned to Troop D, 1st Squadron, 4th Cavalry, 1st Infantry Division, performing duties as a petroleum storage specialist and a petroleum disposal specialist during the period 5 May 1967 to 27 May 1968
* item 38, he received all "excellent" conduct and efficiency ratings throughout his service

4.  He provides:

   a.  General Orders Number 1781, issued by Headquarters, 1st Infantry Division, dated 1 March 1968, awarding him the ARCOM with "V" Device.

   b.  Special Orders Number 107, issued by Headquarters, 1st Infantry Division, dated 1 April 1968, assigning him to hazardous duty as a flight crew member effective 28 March 1968.

   c.  General Orders Number 5458, issued by Headquarters, 1st Infantry Division, dated 12 June 1968, awarding the BSM (First Oak Leaf Cluster) for meritorious service from May 1967 to May 1968.

5.  On 30 May 1968, he was honorably released from active duty.  He completed 1 year, 9 months, and 8 days of creditable active service.  His amended DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960) (VCM)
* Vietnam Service Medal (VSM)
* ARCOM
* AM (3rd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  Item 23a of his DD Form 214 shows "76W2O PET STOR SPEC."  

7.  His records are void of any orders or other documents that indicate he was awarded the AGCM by proper authority.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; 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.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 states that 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.

10.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

11.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour of duty in Vietnam he participated in the following four campaigns.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

* Vietnam Counteroffensive Phase II (1 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)

12.  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 1st Squadron, 4th Cavalry, 1st Infantry Division was awarded of the:	

* Valorous Unit Award for the period 31 January-31 May 1968 by Department of the Army General Order (DAGO) Number 31, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by DAGO Number 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time prescribed entry of the primary MOS code number and title in item 23a.

DISCUSSION AND CONCLUSIONS:

1.  General Orders Number 5458 awarded the applicant the BSM (First Oak Leaf Cluster) for meritorious service.  There is no evidence he received two awards of the BSM.  Therefore, it would be appropriate to correct his DD Form 214 to show the initial award of the BSM.

2.  General Orders Number 1781 awarded him the ARCOM with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM with "V" Device.

3.  He provides special orders showing he was assigned to hazardous duty as a flight crew member.  However, there is no evidence he was ever eligible for or awarded MOS 11B.  There is no provision for entering a DMOS on the DD Form 214.  As such, there is no basis for changing item 23a of his DD Form 214 to reflect "flight crew member DMOS 11B2O."

4.  There is no evidence of record to show he ever held an infantry MOS while he was assigned to or attached to an infantry unit in Vietnam.  Therefore, there is no basis upon which to award him the CIB and add this badge to his DD Form 214.

5.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  The fact he was awarded a BSM depicts his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 23 August 1966 through 30 May 1968 and to add this award to his DD Form 214.

6.  His participation in four campaigns during his service in Vietnam entitles him to four bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

7.  His unit of assignment in Vietnam was awarded the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation during his assignment to that unit.  Therefore, these unit awards should be added to his DD Form 214.

8.  In view of the foregoing, the applicant's records should be 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 AGCM (1st Award) for the period 23 August 1966 through 30 May 1968;

	b.  deleting the ARCOM and VSM from his DD Form 214; and

	c.  adding to his DD Form 214 the following awards:

* AGCM (1st Award)
* BSM
* ARCOM with "V" Device
* VSM with four bronze service stars
* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citations
* RVN Civil Actions Honor Medal First Class Unit Citation

	d.  issuing these awards to him.

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 award of the CIB and changing item 23a to reflect "flight crew member DMOS 11B2O."




      _______ _   __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)                                         AR20130009386



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130009386



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1