IN THE CASE OF

		BOARD DATE:  21 May 2014

		DOCKET NUMBER:  AR20130016101


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 he was awarded the Air Medal, Army Commendation Medal, Combat Infantryman Badge, and Expert Marksmanship Qualification Badge with Rifle Bar.  He also requests retroactive award of the Air Assault Badge.

2.  The applicant states he was assigned to an infantry company for his entire tour of duty in Vietnam.  He was on at least 36 combat air assaults, mostly as the platoon radio and telephone operator, which put him on the first helicopter in and the last helicopter out.  Some of the air assaults were under combat fire with casualties.  He believes his experience and expertise in combat air assaults in Vietnam qualify him for award of the Air Assault Badge.
 
3.  The applicant provides copies of a National Personnel Records Center letter, dated 14 May 2007, and his DD Form 214.

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 was inducted into the Army of the United States on 15 April 1969.  He held military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he was assigned in Vietnam to Company D, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division, from 10 November 1969 through 14 October 1970; and

	b.  item 41 (Awards and Decorations) that he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Civil Actions Honor Medal First Class with Oak Leaf
* Air Medal (1st Award)
* Army Commendation Medal
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  All his conduct and efficiency ratings were "excellent" with the exception of the period 5-22 September 1969 in which his ratings were recorded as "unknown."

5.  The applicant was honorably released from active duty on 14 April 1971 in the rank of specialist four (SP4)/E-4.  He completed 2 years of net active duty service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Vietnam Service Medal.

6.  His records contain copies of general orders showing he was awarded the Air Medal for the period 9 November 1969 to 14 August 1970 and special orders showing he was awarded the Marksman Marksmanship Qualification Badge with Rifle (M-16), Mortar, and Machine Gun Bars.

7.  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 additional orders pertaining to the applicant.

8.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

9.  The applicant provided a copy of an NPRC letter, dated 14 May 2007, showing he was authorized the:

* Air Medal with Numeral 1 (indicating the 1st Award)
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar

10.  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 military service completed on or after 27 August 1940; for the 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.

11.  Army Regulation 600-8-22 (Military Awards) states award of 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.

12.  Army Regulation 600-8-22 contains the regulatory guidance for award of 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.  During his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Winter-Spring 1970 – 1 November 1969-30 April 1970
* Sanctuary Counteroffensive – 1 May-30 June 1970
* Vietnam Counteroffensive Phase VII – 1 July 1970-30 June 1971

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 1st Battalion, 14th Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969-17 November 1970 in Department of the Army General Orders Number 52, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his receipt of a personal decoration and honorable release from active duty in the rank of SP4.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 15 April 1969 through 14 April 1970.

2.  His DA Form 20 shows he was awarded or authorized the Combat Infantryman Badge (1st Award), Vietnam Civil Actions Honor Medal First Class with Oak Leaf (Palm), Air Medal (1st Award), Army Commendation Medal, two overseas service bars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

3.  His records contain copies of orders showing he was awarded the Air Medal (1st Award) and Marksman Marksmanship Qualification Badge with Rifle 
(M-16), Mortar, and Machine Gun Bars.

4.  Records show the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  During the applicant's assignment to his unit in Vietnam it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  His DD Form 214 should be corrected to show these awards.

7.  The available evidence shows he is not eligible for award of the Air Assault Badge and there are no provisions for retroactive award of the badge.



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.  awarding him the Army Good Conduct Medal (1st Award) for the period 15 April 1969 through 14 April 1970 and

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

* Air Medal (1st Award)
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* three bronze service stars with his already-awarded Vietnam Service Medal
* Vietnam Civil Actions Honor Medal First Class with Oak Leaf (Palm)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle (M-16), Mortar, and Machine Gun Bars
* two overseas service bars



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 Air Assault Badge.



      _______ _  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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130016101



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