IN THE CASE OF:	  

		BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130021182 


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:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 November 1969 to show award of the Combat Infantryman Badge (CIB) and

	b.  DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 October 1986 to show his foreign service and award of the CIB.

2.  The applicant states:

* his DD Form 214 for the period ending 7 October 1986 shows his primary military occupational specialty (MOS) as 11C (Indirect Fire Infantryman) and awards for Vietnam service, but does not show any foreign service or award of the CIB
* his DD Form 214 for the period ending 6 November 1969 shows his foreign service and infantry MOS that conforms to the requirements for award of the CIB
* his counselor advised him he should have his DD Forms 214 corrected to avoid any confusion in obtaining proper medical care and compensation now and in the future
* he earned the CIB


3.  The applicant provides:

* two DD Forms 214
* Headquarters, 101st Airborne Division (Airmobile), orders as follows –

*	Special Orders Number 317, dated 12 November 1968
*	General Orders Number 7004, dated 17 June 1969
*	General Orders Number 7226, dated 19 June 1969
*	Special Orders Number 307, dated 3 November 1969 (first page only)

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 21 March 1968.

3.  He served in Vietnam during the period 6 November 1968 through 5 November 1969 while assigned to:

* Company A, 1st Battalion, 502d Infantry Regiment, from 21 November 1968 to 19 January 1969
* Company E, 1st Battalion, 502d Infantry Regiment, from 20 January 1969 to 2 November 1969

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

* item 22 (Military Occupational Specialties (MOS's)) – 11C (Indirect Fire Crewman)
* item 41 (Awards and Decorations) –

*	National Defense Service Medal
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16)
* Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm, Armed Forces level (individual award)
*	Air Medal
*	Army Commendation Medal (2nd Award) and "V" Device
*	Bronze Star Medal
*	Expert Marksmanship Qualification Badge with Machine Gun Bar (.50 caliber) and Mortar Bar (81 millimeter)

5.  On 6 November 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 for this period shows in:

* item 22c (Foreign and/or Sea Service) – 1 year
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

*	National Defense Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Army Commendation Medal
*	Vietnam Service Medal
*	Meritorious Unit Commendation
*	Air Medal
*	Bronze Star Medal

6.  On 20 March 1974, he was honorably discharged from the USAR.

7.  On 8 October 1982, he enlisted in the Regular Army for a second time.

8.  Headquarters, 194th Armored Brigade, Fort Knox, KY, Permanent Orders Number 131-1, dated 20 September 1985 awarded him the Army Good Conduct Medal (1st Award) for the period 8 October 1982 to 7 October 1985.

9.  His DA Form 2-1 (Personnel Qualification Record – Part II) does not show any foreign service for this enlistment.  Item 9 (Awards, Decorations, and Campaigns) shows:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Air Medal
* Bronze Star Medal
* Army Service Ribbon
* Army Commendation Medal (3rd Award) and "V" Device
* Army Achievement Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 caliber)

10.  On 7 October 1986, the applicant was honorably discharged.  His DD Form 214 for this period does not show any foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 caliber)
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Air Medal
* Bronze Star Medal
* Army Commendation Medal (3rd Award) and "V" Device
* Meritorious Unit Commendation
* Army Good Conduct Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Achievement Medal

11.  The applicant provided copies of special orders showing he was assigned in Vietnam, he was awarded MOS 11C, and he was awarded the Air Medal while serving in Vietnam.  He also provided special orders awarding him the Army Commendation Medal with "V" Device for valorous actions on 12 March 1969 while serving with the 1st Battalion, 502d Infantry Regiment, as the unit came under heavy enemy fire.

12.  There is no evidence of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal for his period of service 21 March 1968 through 6 November 1969.

13.  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 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.

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, and similar devices awarded in recognition of accomplishments.

	a.  Paragraph 2-13 contains the regulatory guidance for award of the Vietnam Service Medal.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
*	Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
*	Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
*	Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

	b.  The Combat Infantryman Badge 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.  

	c.  An award for a previous weapon marksmanship qualification is revoked automatically whenever an individual has not attained the same level qualification.

15.  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 Battalion, 502d Infantry Regiment, was cited for award of the:

* Valorous Unit Award for the period 12 March to 8 May 1969 by Department of the Army General Orders (DAGO) Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 to 14 May 1969 by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO 48, dated 1971

16.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  This regulation provided that:

   a.  The total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 22c.  Later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in item 30 (Remarks) as follows:  "Vietnam Service:  (from date to date)."

	b.  Later versions also stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant held MOS 11C and served in an infantry unit during his service in Vietnam.  He participated in combat operations during a period that coincides with the period for which he was awarded the Army Commendation Medal with "V" Device and the periods his unit was awarded the Valorous Unit Award.

2.  In view of the available evidence and in the absence of any evidence to the contrary, it is reasonable to presume that he was present for duty with his unit when the unit was engaged in active ground combat and that he actively participated in the ground combat.  Therefore, it would be appropriate to award him the CIB and correct his DD Forms 214 to show this badge.

3.  The applicant was awarded the Vietnam Service Medal and he participated in four campaigns.  Therefore, he is entitled to correction of his DD Forms 214 to show award of the Vietnam Service Medal with four bronze service stars.

4.  The 1st Battalion, 502d Infantry Regiment, a unit to which the applicant was assigned while in Vietnam, was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Forms 214 to show these unit awards.

5.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Palm at the Armed Forces level as a personal decoration; therefore, he is entitled to correction of his DD Forms 214 to show this award.

6.  Orders awarded the applicant the Army Commendation Medal (3rd Award) and "V" Device, Expert Marksmanship Qualification Badge with Machine Gun Bar (.50 caliber) and Mortar Bar (81mm), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16) during his period of service ending 6 November 1969.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 6 November 1969 to show these awards and badges.

7.  The applicant served honorably during the period 21 March 1968 through 6 November 1969.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for this period of service and to amend Permanent Orders Number 131-1, dated 20 September 1985, to show award of the Army Good Conduct Medal (2nd Award).  He is also entitled to correction of his DD Forms 214 these award entitlements as indicated above.

8.  The Army Commendation Medals are listed as separate entries on his DD Form 214 for the period ending 7 October 1986; therefore, he is entitled to correction of this DD Form 214 to show award of the Army Commendation (3rd Award) and "V" Device.

9.  Since he was previously awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Expert Marksmanship Qualification Badge with Machine Gun Bar (.50 caliber), he is entitled to correction of his DD Form 214 for the period ending 7 October 1986 to show these qualification badges.

10.  Regulatory guidance states to enter all decorations, service medals, campaign credits, and badges awarded or authorized for all periods of service on the DD Form 214.  Therefore, the applicant is entitled to correction of his DD Form 214 for the period ending 7 October 1986 to show all the decorations, service medals, campaign credits, and badges shown on his previously-issued DD Form 214 with the exception of the marksmanship qualification badges as corrected above.

11.  His records are void of and he failed to provide orders or other documentation verifying and confirming any foreign service during his period of service from 8 October 1982 through 7 October 1986.  Therefore, there is no basis for correction of his DD Form 214 for the period ending 7 October 1986 to show any foreign service.

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 21 March 1968 through 6 November 1969;

	b.  amending Permanent Orders Number 131-1, dated 20 September 1985, to show award of the Army Good Conduct Medal (2nd Award);

	c.  amending his DD Form 214 for the period ending 6 November 1969 as follows:

*	deleting award of the Army Commendation Medal and Vietnam Service Medal
*	adding the following awards –

*	Army Commendation Medal (2nd Award) and "V" Device
* Army Good Conduct (1st Award)
*	Vietnam Service Medal with four bronze service stars
   *	Republic of Vietnam Gallantry Cross With Palm
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
*	Combat Infantryman Badge
*	Expert Marksmanship Qualification Badge with Machine Gun Bar (.50 caliber) and Mortar Bar (81mm)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16)

	d.  adding the entry "Vietnam Service:  From 6 November 1968 to 5 November 1969" to item 30;

	e.  amending his DD Form 214 for the period ending 7 October 1986 as follows:

*	deleting award of the Army Good Conduct Medal, Vietnam Service Medal, and all Army Commendation Medals
* Adding the following awards –

* Army Commendation Medal (3rd Award) and "V" Device
* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm
* Valorous Unit Award
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar (.50 caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 a period of foreign service to his DD Form 214 ending 7 October 1986.



      _______ _   _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)                                         AR20130021182



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ABCMR Record of Proceedings (cont)                                         AR20130021182



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