IN THE CASE OF:	   

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140004453


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 the parachute/paratrooper wings (officially named the Parachutist Badge) and the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he:

   a.  received infantry training at Fort Gordon, Georgia in 1966 and attended jump school at Fort Benning, Georgia;
   
   b.  served with the 82nd Airborne at Fort Jackson, South Carolina and was assigned with the 101st Airborne in Vietnam from September through December 1967; and 
   
   c.  he served as an ammunition bearer and assistant machine gunner on an M60 machine gun until he was wounded in Vietnam early in November 1967.

3.  The applicant provides a copy of 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's record shows he was inducted into the Army of the United States on 7 October 1966.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, The Student Brigade, United States Army Infantry School, published Special Orders Number (#) 63 dated 15 March 1967.  It announced the applicant's award of the Parachutist Badge.

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

   a.  he served in the Republic of Vietnam (RVN) from 26 September through 19 November 1967, in item 31 (Foreign Service);
   
   b.  he received all "excellent" conduct and efficiency ratings at each of his assignments during his tenure on active duty in item 38 (Record of Assignments);
   
   c.  he sustained first and second degree burns to his back, both arms, and both sides on 10 November 1967, in item 40 (Wounds); and
   
   d.  he earned the following awards in item 41 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* Purple Heart (PH)
* Parachutist Badge
* Expert Marksmanship Qualification Badge with M-60 MachineGun Bar
* Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar
   
5.  On 5 September 1968, Headquarters, First United States Army Support Element, published SO # 151.  It announced the applicant's award of primary MOS (PMOS) 74C2O and withdrew PMOS 11B2P effective on 28 August 1968.

6.  His official military personnel file (OMPF) is void of a disqualification from any of his active duty unit commanders that would have precluded him from being recommended for or receiving the first award of the Army Good conduct Medal. His record contains a DA Form 137 (Installation Clearance Record), dated 18 November 1968, that shows his unit commander at that time recommended him for the award of the Army Good Conduct Medal (AGCM).

7.  The applicant's OMPF is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.

8.  On 2 December 1968, he was honorably released from active duty having completed 2 years, 1 month, and 26 days of total active service.  His DD Form 214 shows he earned the NDSM, PH, Vietnam Service Medal (VSM), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

   a.  Paragraph 2-13 states a bronze service star is authorized with the VSM for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase III campaign.

	b.  Chapter 8 of the awards regulation contains guidance on award of combat badges.  It states that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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.  Paragraph 9-13 of the awards regulation contains guidance on award of the RVN Campaign Medal with Device (1960).  It states that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.  Individuals who serve for less than 6 months who have been wounded by hostile forces are also entitled to receive this award.


10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Parachutist Badge and CIB should be added to his DD Form 214.  There is sufficient evidence to support his claim.

2.  His OMPF contains official orders announcing his award of the Parachutist Bade and this badge is listed on his DA Form 20.  As a result, it would be appropriate to add this badge to his DD Form 214.

3.  The evidence of record confirms that having been assigned to the RVN, the applicant performed the duties of a rifleman in his infantry MOS with his infantry unit and he was wounded in action on 10 November 1967 that resulted in his award of the Purple Heart.  As a result, he met the regulatory criteria necessary for entitlement to the CIB.  Therefore, it would be appropriate to correct his DD Form 214 to show the CIB.

4.  The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings at all of his active duty assignments, his record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served, and his final unit commander recommended him for award of the AGCM.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 7 October 1966 through 2 December 1968.

5.  The evidence of record also shows the applicant qualified as Sharpshooter with the M-16 rifle and Expert with the M-60 machine gun.  However, these marksmanship qualification badges are not shown on his DD Form 214 and should be added at this time.


6.  Further, based on the applicant's service and campaign participation in the RVN, he is also authorized award of the RVN Gallantry Cross with Palm Unit Citation, RVN Campaign Medal with Device 1960, and one bronze service star for wear on his already-awarded VSM.  Accordingly, these awards should be added to his DD Form 214 at this time.

7.  In view of the above, the applicant's request should be corrected as recommended below.

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 first award of the Army Good Conduct Medal, for his qualifying honorable active  service from 7 October 1966 through 2 December 1968;

   b.  awarding him the Combat Infantryman Badge effective 10 November 1967;

   c.  deleting from his DD Form 214 the Vietnam Service Medal and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar and adding the following awards:
   
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with M60 MachineGun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
   
   d.  issuing him a correction to his DD Form 214 reflecting these changes.



      ___________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)                                         AR20140004453





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ABCMR Record of Proceedings (cont)                                         AR20140004453



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