IN THE CASE OF:	 

		BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20140001031 


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 all of his authorized awards.

2.  The applicant states he served in the Republic of Vietnam (RVN) with the 
1st Battalion, 5th Cavalry, from 6 October 1966 to 6 October 1967 and his overseas service qualified him for two Overseas Service Bars (OSB).

   a.  He states that he was awarded the Bronze Star Medal (BSM), Air Medal (AM), and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, but they are not recorded on his DD Form 214.

   b.  He was awarded the Vietnam Service Medal (VSM) and served during the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.  However, his VSM does not show any bronze service stars for campaign participation.

   c.  His unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969.

   d.  He states that he is not certain if he is entitled to the Vietnam Presidential Unit Citation and Army Service Ribbon, but requests consideration of these awards.

   e.  During the period of his active duty he did not have any disciplinary actions and his conduct and efficiency met the standard for award of the Army Good Conduct Medal (AGCM).

   f.  He was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator).  When he arrived in the RVN, he was informed that his MOS would be changed to MOS 11B (Infantryman) and he would be eligible for the Combat Infantryman Badge (CIB) after about 6 months in country.  He performed duties with line companies as a Radio Teletype Operator (RTO), he wore the CIB patch, and he assumed his MOS was changed.  He offers a summary of the CIB award criteria and acknowledges, "the only criterion I lack (in the absence of an MOS change) is compliance with the provision of the Army regulation that provides for award of the CIB to personnel of the U.S. Army, Navy, Air Force, and foreign military personnel who do not have an appropriate MOS.

3.  The applicant provides copies of his BSM and AM award orders and citations, marksmanship orders, DA Form 20 (Enlisted Qualification Record), and 
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 U.S. Army on 25 February 1966.  Upon completion of training he was awarded MOS 05C.

3.  The applicant's DA Form 20 shows in –

* item 22 (MOS):  Primary MOS 05C2O (RTO), 16 September 1966
* item 29 (Qualification in Arms):  Expert, M-14 Rifle
* item 31 (Foreign Service), he served in Vietnam from 7 October 1966 through 6 October 1967
* item 38 (Record of Assignments), he received either "excellent" or "unknown" conduct and efficiency ratings throughout his military service and, in pertinent part, that he served in –

* Duty MOS 05C2O (RTO), Headquarters and Headquarters Company, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), from 
13 October 1966 through 13 September 1967
* patient status - Medical Hold Detachment, 106th General Hospital, from 14 September 1967 through 5 October 1967

* item 40 (Wounds):  Traumatic Amputation Left Arm, Partial Traumatic Amputation Left Leg, 26 August 1967
* item 41 (Awards and Decorations) –

* National Defense Service Medal
* VSM
* RVN Campaign Medal with Device (1960)
* OSB
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar

4.  Headquarters, 2nd Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders (SO) Number 81, dated 12 April 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

5.  Headquarters, 1st Cavalry Division (Airmobile), SO Number 286, dated
13 October 1966, promoted the applicant to private first class (E-3) in primary MOS (PMOS) 05C2O.

6.  Headquarters, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), Unit Orders Number 5, dated 10 March 1967, promoted the applicant to specialist four (E-4) in PMOS 05C2O.

7.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 4673, dated 14 August 1967, awarded the applicant the AM for meritorious achievement while participating in aerial flight in the RVN from October 1966 to August 1967.

8.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 5881, dated 26 September 1967, awarded the applicant the BSM for meritorious service in the RVN from October 1966 to October 1967.
9.  Headquarters, Valley Forge General Hospital, Phoenixville, PA, SO Number 228, dated 9 November 1967, promoted the applicant to sergeant (SGT)/pay grade E-5 in PMOS 05C4O.

10.  The applicant's DD Form 214 shows he was honorably retired from active duty on 6 February 1968 and placed on the permanent disability retired list.  He had completed 1 year, 11 months, and 12 days of net active service this period that included 1 year of foreign service.  It also shows in:

* item 23a (Specialty Number and Title):  05C2O, Radio Teletype Operator
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) –

* National Defense Service Medal
* VSM
* RVN Campaign Medal with Device (1960)
* OSB
* Purple Heart

11.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that he was awarded an infantry MOS.

12.  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, failed to reveal copies of any additional award orders pertaining to the applicant.

13.  A review of the applicant's military personnel records failed to reveal evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  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.  

15.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
	a.  The VSM 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.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)

	c.  The CIB is awarded to infantry officers and enlisted Soldiers 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.  Additionally, U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), Appendix V, states that during the Vietnam era the CIB was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  It also provided for award of the CIB to personnel who served in what was considered infantry positions, including MOS 05B (Radio/Telephone Operator), who were members of infantry platoons and squads in armored cavalry squadrons and regiments (emphasis added).  However, it does not authorize award of the CIB to personnel in airmobile units.

	d.  The Army 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 upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after
1 August 1981.

	e.  The Vietnam Presidential Unit Citation was awarded to all personnel assigned to the Military Assistance Advisory Group, Indo-China, during the period August and September 1954.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the 1st Battalion, 5th Cavalry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through
19 May 1969 in Department of the Army General Orders Number 59, 1969.

17.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the OSB.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Vietnam service, one OSB was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the OSB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show all of his authorized awards.

2.  The evidence of record shows:

   a.  general orders awarded the applicant the BSM and the AM;

   b.  special orders awarded him the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar;

	c.  the applicant qualified for award of the VSM and he participated in two campaigns during his service in the RVN.  Thus, he is entitled two bronze service stars for wear on his previously-awarded VSM;

	d.  general orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation; and

	e.  his service in the RVN qualified him for two OSBs.

3.  The applicant served a period of continuous, honorable active duty enlisted service from 25 February 1966 through 6 February 1968.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

	b.  He was promoted to SGT (E-5) with less than 21 months of active duty and he received all "excellent" conduct and efficiency ratings during his service, except for four "unknown" ratings that are not disqualifying.

   c.  He was awarded the BSM for meritorious service during the period October 1966 to October 1967.
   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award).

4.  The sincerity of the applicant's comments with respect to award of the CIB is not in dispute.  However, records show the applicant was awarded MOS 05C and that he performed duties in MOS 05C in an airmobile unit while serving in the RVN.  There is no evidence of record that shows he was awarded MOS 05B or an infantry MOS, or that he served in either an infantry or armored cavalry unit.  Thus,  the evidence of record does not support the applicant's claim to the CIB.

5.  The evidence of record fails to show the applicant met the criteria to qualify for award of the Army Service Ribbon.  Thus, he is not entitled to the award.

6.  There is no evidence of record that shows the applicant's unit was awarded the Vietnam Presidential Unit Citation.  Thus, he is not entitled to correction of his records to show this foreign unit award.

7.  The evidence of record shows the applicant was promoted to SGT (E-5) and awarded MOS 05C4O; however, item 23a of his DD Form 214 shows MOS 05C2O.  Thus, it would be appropriate to correct the entry in this item.

8.  Therefore, in view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214, as recommended below.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
25 February 1966 through 6 February 1968 (Standard Name Line:  SGT, 
Medical Hold Company, Valley Forge General Hospital, Phoenixville, PA);
   b.  deleting from item 23a of his DD Form 214:  "05C2O Rad TT Oper;"

	c.  adding to item 23a of his DD Form 214:  "05C4O, Radio Teletype Operator;"

	d.  deleting from item 24 of his DD Form 214 the "Vietnam Service Medal" and "Overseas bar;" and

	e.  adding the following awards to item 24 of his DD Form 214 –

* Bronze Star Medal
* Air Medal
* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* 2 Overseas Service Bars

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 the Combat Infantryman Badge, Army Service Ribbon, and Vietnam Presidential Unit Citation.  




      _______ _   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)                                         AR20140001031



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ABCMR Record of Proceedings (cont)                                         AR20140001031



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