IN THE CASE OF:    

		BOARD DATE:  19 March 2015	  

		DOCKET NUMBER:  AR20140012513


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 the date of birth entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that the Republic of Vietnam (RVN) Campaign Medal with Device (1960) be added to his DD Form 214.

2.  The applicant states his birth date is as listed on his birth registration and that he served in Vietnam and is authorized the RVN Campaign Medal.

3.  The applicant provides letters from his county veterans' service office and the State of Wisconsin Department of Veterans Affairs, copies of his DD Form 214, and birth registration.

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.  A DD Form 215 (Correction to DD Form 214) was issued on 25 July 1972 to correct the applicant's date of birth.  This issue will not be further addressed but a copy will be forwarded to the applicant.

3.  The applicant enlisted in the Regular Army on 23 November 1964.  He completed training as an indirect fire crewman in military occupational specialty (MOS) 11C and then was awarded the basic parachutist badge following airborne training.  

4.  His record contains orders awarding him the Expert Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Pistol Bar, and the Purple Heart.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in – 

* item 38( Record of Assignments) – in Duty MOS 11BP with B Company, 2d Battalion (Airborne), 503d Infantry when it deployed to Vietnam on 11 May 1965, enroute to the United States on 15 October 1965 and exclusively excellent conduct and efficiency ratings throughout his period of active duty service
* item 40 (Wounds) – shrapnel wounds to the left arm on 10 October 1995
* item 41 Awards and Decorations) – Expert Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, Vietnam Service Medal, National Defense Service Medal, Purple Heart

6.  The Narrative Summary for his Medical Board states, "…This 18 year-old  PFC was among 4 in an advanced party of his unit keeping contact with fleeing Viet Cong when…caught in the midst of a U.S. Air Force strike resulting in two … killed and he and his buddy being injured…”

7.  On 20 October 1966, the applicant was retired due to combat incurred physical disability.  His DD Form 214 lists his authorized awards as the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, Parachutist Badge, Vietnam Service Medal, National Defense Service Medal, and Purple Heart.

8.  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 Military Awards Branch of the U.S. Army Human Resources Command, revealed only a copy of the general orders that corrected the spelling of the applicant's name on his Purple Heart orders. 



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

 	a.  RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but were wounded as a result of hostile action.

 	b.  Combat Infantryman Badge (CIB) 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.  Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	c.  Vietnam Service Medal 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Qualifying campaign periods for service stars include the Vietnam Defense Campaign period from 8 March through 24 December 1965.

10.  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, 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 2d Battalion (Airborne), 503d Infantry was awarded the – 

* Meritorious Unit Commendation for the period 5 May 1965 through 4 May 1967 by Department of the Army General Orders (DAGO) Number 48 of 1968
* RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by DAGO Number 51 of 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant is authorized the RVN Campaign Medal with Device (1960).  He served less than the normally qualifying 6 months because he was wounded in action.

2.  The applicant, who held and was serving in an infantry MOS, was wounded in action while serving in an infantry company.  He meets the qualifications for the CIB and it should be awarded.

3.  He is authorized a bronze service star for wear on the Vietnam Service Medal.

4.  His Vietnam unit was awarded the Meritorious Unit Commendation and 
RVN Gallantry Cross with Palm Unit Citation for periods that included his tour of duty.

5.  Orders in his record awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar.

6.  The applicant distinguished himself by his excellent conduct and efficiency ratings and his combat service.  Experience has shown that during the Vietnam Era very few Soldiers who served less than three full years were considered for award of the Good Conduct Medal.  Notwithstanding the absence of a recommendation in the record, he should now be awarded the Army Good Conduct Medal.

7.  The above awards should be shown on his DD Form 214.

8.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records 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 Army Good Conduct Medal (1st Award) for the period 23 November 1964 to 20 October 1966 and the CIB and

	b.  correcting his DD Form 214 by deleting the Vietnam Service Medal and adding the – 

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Pistol Bar

      
      
      _______ _   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)                                         AR20140011011





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ABCMR Record of Proceedings (cont)                                         AR20140012513



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