BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140002258 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, Parachutist Badge, and Air Medal.  He further requests correction to item 23a (Specialty Number and Title) to reflect as "91B2S."

2.  The applicant states he completed the Basic Airborne Course on 25 January 1968.  A Combat Infantryman Badge should have been awarded for his combat service in the Republic of Vietnam from 10 November 1969 to 21 June 1970 while he was assigned to the 75th Ranger Infantry and the 5th Special Forces Group as an infantryman.  He further states he was awarded an Air Medal but it was not recorded in his records; however, his assignment to air mobile units and his military occupational specialty (MOS) should correlate with the required hours.

3.  The applicant provides:

* DD Form 214
* Department of Veterans Affairs Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative)
* Special Orders Number 325
* Special Orders Number 365
* Special Orders Number 21
* Special Orders Number 51
* Special Orders Number 14
* DA Form 2876 (Report of Change to DA Form 20 (Enlisted Qualification Record))
* DA Form 20
* 2 memoranda
* Letter of Commendation

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Although the applicant lists a member of the Veterans of Foreign Wars of the United States as Counsel, he did not render a request on the applicant's behalf.

2.  Counsel provides no additional statement. 

3.  Counsel provides no additional evidence.
 
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.  Having 1 month and 24 days of prior service, the applicant enlisted in the Regular Army on 5 September 1967.  He successfully completed basic combat training and advanced individual training and he was awarded MOS 11B (Light Weapons Infantryman).  He subsequently completed the basic airborne and special forces medical specialist courses which resulted in him receiving MOS 91B (Medical Specialist) with skill qualification identifier (SQI) "S" (special operations support personnel).  

3.  He served in the Republic of Vietnam from 19 November 1969 to 21 June 1970.  He served with Company L, 75th Infantry Regiment from 3 December 1969 to 13 January 1970 and with Company A, 5th Special Forces Group, 
1st Special Forces from 14 January to 21 June 1970. 

4.  The applicant's DA Form 20 shows Special Orders Number 224 dated 
29 December 1967 awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  This form also shows Special Orders Number 39 dated 14 February 1968 awarded him the Parachutist Badge.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  On 21 June 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  Item 23a of his         DD Form 214 does not reflect an SQI; however, his DD Form 214 does show he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* 1 Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
  
7.  The applicant provides:

   a.  A memorandum issued by the Special Forces Training Group (Airborne), dated 7 February 1969 which shows he successfully completed the Special Forces Advanced Medical Training School.

   b.  Special Orders Number 14, issued by Headquarters, 101st Airborne Division (Airmobile), dated 14 January 1970 which show his MOS as 91B4S.

8.  The applicant's military personnel records were void of evidence and the applicant provided no documentation showing the number or type of missions, or any evidence which recorded the number of flight hours.  Further, there is no evidence of record which shows he was ever recommended for award of the Air Medal by appropriate authority.

9.  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.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Winter - Spring 1970
* DA Sanctuary Counteroffensive

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  

	a.  This pamphlet shows at the time of the applicant's assignment to Company L, 75th Infantry Regiment the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970, based on Department of the Army General Order (DAGO) Number 11, dated 1973, amended by DAGO Number 42, dated 1972; and  

   b.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970, based on DAGO Number 42, dated 1972.
   
   c.  During the applicant's assignment to the 5th Special Forces Group, 1st Special Forces, the unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period January 1968 to 24 September 1970, based on DAGO Number 48, dated 1971.

12.  Army Regulation 600-8-22 states 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.

13.  Army Regulation 600-8-22 provides that 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.

14.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, provided guidelines for award of the Air Medal.  It defined terms and conditions for the award based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders was required.

15.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) defines SQIs and their order of precedence.  It states the SQI is the fifth character of the military occupational specialty code and may be used with any MOS unless otherwise restricted.  The SQI will be withdrawn and deleted from the MOS awarded when qualification skills are lost or when the Soldier withdraws from a voluntary program (for example, airborne or ranger duty).  It defines the SQI "S" as special operations support personnel.

16.  Army Regulation 635-5 (Separation Documents) at the time prescribed 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.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation in effect at the time stated that item 23a would contain the primary MOS code number and title.

DISCUSSION AND CONCLUSIONS:

1.  Evidence in the applicant's record shows he received the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Parachutist Badge.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  The evidence of record confirms he served honorably during the period 5 September 1967 through 21 June 1970.  He received all "excellent" conduct and efficiency ratings throughout his service and his record does not contain a commander's disqualification that would have precluded him from being awarded 
the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 5 September 1967 through          21 June 1970 and to correct his DD Form 214 to show this medal.

3.  Records show the applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  Department of the Army Pamphlet 672-3 shows his units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his periods of assignment.  Therefore, his DD Form 214 should be corrected to show these citations.

5.  By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

6.  Although the evidence of record shows the applicant served in an infantry specialty during a portion his period of service in the Republic of Vietnam, his records are devoid of any evidence and he has failed to provide sufficient evidence that he was personally present and participated with a qualifying infantry unit while it was engaged in active ground combat with enemy forces.

7.  The applicant's military personnel records were void of evidence and the applicant provided no documentation showing the number or type of missions, or any evidence which recorded the number of flight hours.  Further, there is no evidence of record which shows he was ever recommended for award of the Air Medal by appropriate authority.

8.  Evidence shows the applicant maintained the SQI "S" upon his release from active duty on 21 June 1970; therefore, his DD Form 214 should be corrected to show this SQI.







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
5 September 1967 through 21 June 1970;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214 and "91B2O" from item 23a of his DD Form 214; and
   
   c.  adding the following to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Machine Gun Bar        (M-60)   
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations (2nd Award)
* "91B2S" to item 23a

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 award of the Combat Infantryman Badge and the Air Medal.  



      ______ _   _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)                                         AR20140002258





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ABCMR Record of Proceedings (cont)                                         AR20140002258



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