IN THE CASE OF:  

		BOARD DATE:  7 May 2015    

		DOCKET NUMBER:  AR20140016638


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 or authorized the Purple Heart and the Combat Infantryman Badge.  Additionally, he requests the issuance of an appropriate discharge certificate.

2.  The applicant states these awards should be shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and an extract copy of his DA Form 20 (Enlisted Qualification Record).

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 enlisted in the Regular Army on 25 April 1967.  He entered active duty, completed his initial entry training, and was awarded military occupational speciality (MOS) 11C (Indirect Fire Infantryman).  Later, he was awarded MOSs 11B (Infantryman) and 11H (Infantry Direct Fire Crewman).  The highest rank/grade he attained during his period of active service was specialist four (SP4)/E-4.

3.  He served in the Republic of Vietnam from on or about 7 October 1967 through on or about 17 October 1968.  During this period of service, he was assigned to:

* Headquarters and Headquarters Troop, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division, as an infantryman in MOS 11C, from on or about 11 October 1967 through on or about 19 December 1967
* Company F, 50th Infantry Regiment (Long-Range Patrol), 25th Infantry Division, as an infantryman and radio operator in MOSs 11B and 05B, from on or about 20 December 1967 through on or about 8 June 1968
* Troop A, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division, as an infantryman in MOS 11B, from on or about 9 June 1968 through on or about 17 October 1968

4.  His available record contains no orders that show he was awarded the Combat Infantryman Badge.  However, item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Combat Infantryman Badge by Special Orders Number 347, issued by Headquarters, 25th Infantry Division on              13 December 1967.  

5.  General Orders Number 4772, issued by Headquarters, 25th Infantry Division on 2 July 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force, in the Republic of Vietnam, on   29 June 1968.

6.  He was honorably released from active duty on 18 October 1968 and transferred to the U.S. Army Reserve (USAR).  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

7.  His available record does not contain any documentation that shows the type of discharge he received upon his discharge from the USAR.

8.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers, warrant officers, and enlisted Soldiers who have an infantry MOS, provided they were serving in an infantry MOS, 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 Soldiers who held and served in MOSs 11B, 11C, 11D, 11F, 11G, or 11H.

9.  His records indicate he is entitled to additional awards which are not shown on his DD Form 214.

10.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his                 DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award or convictions by court-martial under the Uniform Code of Military Justice (UCMJ).

11.  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, and he/she could not have been convicted by court-martial.

12.  Special Orders Number 164, issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri on 13 June 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

13.  Special Orders Number 121, issued by Headquarters, 3rd Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, Georgia on 8 August 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

14.  Army Regulation 600-8-22 provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973.  A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive, Phase III  (1 June 1967 – 29 January 1968)
* Tet Counteroffensive  (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phase IV  (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive, Phase V  (1 July 1968 – 1 November 1968) 

15.  Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This DA PAM shows Company F, 50th Infantry Regiment (Long-Range Patrol), the unit to which he was assigned from on or about 20 December 1967 through on or about 8 June 1968, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 20 December 1967 through 31 August 1968, by Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded or authorized the Purple Heart and the Combat Infantryman Badge was carefully considered.  

2.  General orders awarded him the Purple Heart for wounds received in connection with military operations against a hostile force, in the Republic of Vietnam on 29 June 1968.  This award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

3.  His DA Form 20 shows he was awarded the Combat Infantryman Badge by Special Orders Number 347, issued by Headquarters, 25th Infantry Division on 13 December 1967.  These orders are not contained in his available record; however, given his assignment to infantry units, his infantry MOSs, and the wounds he received while engaged in hostile action, it is reasonable to conclude he was awarded the Combat Infantryman Badge and the entry on his DA Form 20 is accurate.  This award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

4.  He served honorably on active duty from 25 April 1967 through 18 October 1968, a period of 1 year, 5 months, and 24 days.  During this period, he received all "excellent" conduct and efficiency ratings and there is no evidence of a commander's disqualification statement related to his initial award of the Army Good Conduct Medal, or evidence that he was subject to any disciplinary or derogatory actions during his period of service, including court-martial convictions under the UCMJ.  

5.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award), for the period 25 April 1967 through 18 October 1968, and to correct his DD Form 214 to show this award.

6.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  These marksmanship qualification badges, with associated weapons bars, are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

7.  His record shows he participated in four campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

8.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

9.  Lastly, he requests the issuance of an appropriate discharge certificate.  His available record shows he was honorably released from active duty and transferred to the USAR; however, it does not contain any documentation that shows the type of discharge he received upon his discharge from the USAR.  Honorable Discharge Certificates are not issued upon a Soldier's release from active duty; therefore, barring evidence that specifically documents the type of USAR discharge he received, there is insufficient evidence at this time 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 
25 April 1967 through 18 October 1968; and

   b. Amending his DD Form 214 to delete the VSM and add the following awards:

* Purple Heart
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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 issuing him an appropriate discharge certificate.




      ___________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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016638



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1