IN THE CASE OF: BOARD DATE: 29 September 2011 DOCKET NUMBER: AR20110005884 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 his last name spelled as “Greene” instead of “Green.” He also requests correction of his DD Form 214 to show the Army Good Conduct Medal (AGCM), Overseas Service Ribbon (OSR), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), National Defense Service Medal (NDSM), and the Combat Infantryman Badge (CIB). 2. The applicant states his DD Form 214 incorrectly shows his last name as “Green” instead of “Greene.” He also states he noticed he was missing the AGCM, OSR, VSM, RVNCM with Device (1960), NDSM, and the CIB. 3. The applicant provides: * his DD Form 214 * the front page of his DD Form 47 (Record of Induction) * pages 2 and 3 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 was inducted into the Army of the United States in Memphis, TN on 20 November 1963 under the last name of “Greene.” He completed his basic training at Fort Polk, LA and his advanced individual training in military occupational specialty (MOS) 11B (light weapons infantryman) at Fort Devens, MA before being transferred to Fort Benning, GA for assignment to Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division. 3. On 17 August 1965, he was transferred to Vietnam with his unit. On 2 November 1965, he was admitted to the 15th Medical Battalion with malaria and on 5 November 1965 he was medically evacuated to the 85th Evacuation Hospital at Qui Nhon. On 11 November 1965, he was further evacuated to Walter Reed General Hospital (WRGH) in Washington, D.C. 4. On 22 April 1966, he was honorably released from active duty (REFRAD) at WRGH due to the expiration of his term of service (ETS). He had served 2 years, 5 months, and 3 days of total active service. The DD Form 214 he was issued at the time of his REFRAD shows in: * item 1 (Last Name - First Name - Middle Name) the last name entry as "Green" * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entry "None" 5. Review of the applicant's official record shows no evidence to indicate that he was awarded the AGCM, OSR, VSM, RVNCM with Device (1960), NDSM, or the CIB. However, his DA Form 20 shows in: * item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service * item 41 (Awards and Decorations) he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 6. His record is also void of any derogatory information or a commander's disqualification that could serve to disqualify him for award of the AGCM. 7. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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. 8. Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 9. Army Regulation 600-8-22 states the 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. This same regulation also states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Defense Campaign (8 March - 24 December 1965). 10. Army Regulation 600-8-22 states the RVNCM 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. Individuals who qualified for award of the Vietnam Service Medal are also entitled to award of the RVNCM with Device (1960) who served for less than 6 months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty 11. Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge. 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. 12. 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 Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows that the applicant's unit was cited for the following awards during his period of assignment: * Presidential Unit Citation (PUC) for the period 23 October through 26 November 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1867 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969 13. Army Regulation 600-8-22 states the OSR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 (emphasis added). DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his DD Form 214 should be corrected to reflect is correct last name has been noted and found to have merit. He was inducted and served under the last name of “Greene,” which is consistently shown on all official documents in his record. However, at the time of his REFRAD his DD Form 214 was incorrectly prepared to reflect a last name of “Green.” Therefore, his DD Form 214 should be corrected to show his last name as “Greene.” 2. Records show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, his DD Form 214 should be corrected to show this qualification badge. 3. After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 20 November 1963 through 22 April 1966. This conclusion is based on the fact that his record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award. The evidence further suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders. Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award. 4. The applicant served during a qualifying period of service for entitlement to the NDSM. Therefore, his DD Form 214 should be corrected to show this award. 5. The applicant served during a qualifying period of service in Vietnam and participated in one campaign phase. Therefore, he is entitled to the VSM with one bronze service star and correction of his DD Form 214 to show this award. 6. The applicant’s unit was awarded the PUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards. 7. The applicant’s contention that he should be awarded the CIB has been noted and appears to lack merit. The applicant has failed to show through the evidence submitted with his application and the evidence of record any evidence to show that he was awarded the CIB or that he met the regulatory requirements for award of the CIB. There simply is no evidence to show that he engaged the enemy in combat while assigned as an infantryman with his infantry unit. Being assigned as an infantryman to an infantry unit does not by itself satisfy the requirement for award of the CIB. Therefore, there is an insufficient basis for granting his portion of his request. 8. The applicant’s contention that he should be awarded the OSR has also been noted and found to lack merit. The OSR was not created until 1981and the applicant was not serving at the time. Although the OSR may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981, they must have had an Active Army status on or after 1 August 1981, which he did not. Therefore, there is no basis for granting this portion of his request. 9. The applicant did not serve the required 6 months in Vietnam for entitlement to the RVNCM with Device (1960). Although he was evacuated from Vietnam prior to the 6 months requirement due to a medical reason, he was not wounded as a result of hostile action. Therefore, he is not entitled to the RVNCM with Device (1960). 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. deleting from item 1 of his DD Form 214 the last name entry of "Green" and replacing it with the entry "Greene"; b. awarding him the Army Good Conduct Medal (1st Award) for the period 20 November 1963 through 22 April 1966; and c. deleting from item 26 of his DD Form 214 the entry "None" and replacing it with the entry: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 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 awarding him the: * Overseas Service Ribbon * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge 3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ 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) AR20110005884 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110005884 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1