IN THE CASE OF:  

		BOARD DATE: 4 September 2014

		DOCKET NUMBER:  AR20140002689


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:

* Purple Heart
* two Bronze Star Medals
* two Army Commendation Medals
* Army Good Conduct Medal
* Air Medal
* Combat Infantryman Badge (CIB)

2.  The applicant states he has the documentation for all the awards except the Air Medal and CIB.  It has been suggested to him that he should be eligible for the CIB, based on the combat support his unit provided.  He was on temporary duty as a radio/telegraph operator (RTO) supporting several infantry units.  For the majority of his tour he was a crew chief on an air mobile M-102 Howitzer; they supported infantry operations with multiple insertions on Chinooks alongside their infantry counterparts.

3.  The applicant provides copies of his:

* DD From 214
* Purple Heart orders
* Bronze Star Medal orders, certificate, and citation
* Bronze Star Medal (First Oak Leaf Cluster) orders, certificate, and citation
* Army Commendation Medal (First Oak Leaf Cluster) orders and certificate
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 30 April 1968.  He held military occupational specialty 13B (Field Artillery Crewman).

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

	a.  Item 31 (Foreign Service) he served in Vietnam from 24 September 1968 through 24 August 1969.

	b.  Item 38 (Record of Assignments) that during his service in Vietnam he was assigned to the 1st Battalion, 11th Artillery, 9th Infantry Division, and to Company E, 709th Maintenance Battalion, 9th Infantry Division.  Additionally, this item shows his conduct and efficiency ratings were “excellent.”

	c.  Item 40 (Wounds) he received a fragmentation wound to his chest on         6 June 1969.

4.  He was honorably released from active duty on 2 February 1970 as a sergeant (SGT)/E-5.  He had completed 1 year, 9 months, and 3 days of creditable active duty service.  His DD Form 214 lists his authorized awards as the:
* National Defense Service Medal
* Army Commendation Medal 
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  His record contains general orders showing he was awarded the Army Commendation Medal on 6 April 1969 for outstanding achievement during the period 20 September 1968 to 17 February 1969.
6.  He provided copies of general orders showing he was awarded the:

	a.  Purple Heart on 7 June 1969, for wounds received in action on 6 June 1969; 

	b.  Bronze Star Medal on 15 June 1969, for outstanding achievement on 
6 June 1969; 

	c.  Bronze Star Medal (First Oak Leaf Cluster), for meritorious service from September 1968 to July 1969; and

	d.  Army Commendation Medal (First Oak Leaf Cluster), for outstanding achievement from 2 June 1968 to 4 June 1969.

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.  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 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.  

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.   A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following four campaigns: 

* Counteroffensive Phase V  (1 July – 1 November 1968)
* Counteroffensive Phase VI  (2 November 1968 – 22 February 1969)
* Tet 69/Counteroffensive (23 February – 8 June 1969)
* Summer – Fall 1969  (9 June – 31 October 1969)



	b.  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.

	c.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.   

10.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January-June 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966-28 June 1969 by DAGO Number 59, dated 1969.

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 personal awards, promotion to SGT, and "excellent" conduct and efficiency ratings.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

2.  He provided general orders showing he was awarded the Purple Heart, two Bronze Star Medals, and two Army Commendation Medals.  These orders are accepted as valid.

3.  Records show he participated in four campaign periods during his service in Vietnam.  Therefore, he is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal.



4.  During his service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should be corrected to show these awards.

5.  There is no available evidence that shows he was qualified for award of the Air Medal or the Combat Infantryman Badge.  In addition, while he may have performed duties as an RTO with a infantry unit, he was an artilleryman.  Therefore, there is an insufficient basis to grant this portion of the requested relief.

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 
30 April 1968 to 2 February 1970; and

	b.  amending his DD Form 214 to delete the Vietnam Service Medal with one bronze service star and add the following awards:

* Purple Heart
* Bronze Star Medal (2nd Award)
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 correcting his DD Form 214 to show he was awarded either the Air Medal or the CIB.



      _____________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)                                         AR20140002689



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