IN THE CASE OF: BOARD DATE: 30 January 2014 DOCKET NUMBER: AR20130008110 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 award of the: * Bronze Star Medal (BSM) * Air Medal (AM) * Army Commendation Medal (ARCOM) * Combat Infantryman Badge (CIB) 2. The applicant states these awards are not listed on his DD Form 214. 3. The applicant provides: * DD Form 214 * ARCOM Citation * Headquarters, 3d Battalion, 12th Infantry Regiment, memorandum, dated 1 November 1970, subject: AM * Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 40, dated 9 February 1971 * Headquarters, 101st Airborne Division (Airmobile), General Orders Number 6559, dated 14 June 1971 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 military records show: a. He was inducted into the Army of the United States on 11 February 1970. b. He was awarded military occupational specialty 11B (Light Weapons Infantryman). c. He served in the Republic of Vietnam (RVN) from on or about 13 July 1970 to 24 May 1971. d. He was assigned to the following units during his tour of duty in the RVN: * Company A, 3d Battalion, 12th Infantry Regiment, 4th Infantry Division, as a rifleman from 26 July to 3 December 1970 * Headquarters and Headquarters Company, 2d Battalion (Airmobile), 501st Infantry Regiment, as a light weapons infantryman from 10 to 31 December 1970 * Company D, 2d Battalion (Airmobile), 501st Infantry Regiment, as a rifleman from 1 January to 24 May 1971 e. Headquarters, 4th Infantry Division, awarded the applicant the: * CIB in Special Orders Number 259, dated 16 September 1970 * ARCOM in General Orders Number 5671, dated 9 November 1970 f. Headquarters, 101st Airborne Division (Airmobile), awarded the applicant the BSM for the period 1 July 1970 to 31 May 1971 in General Orders Number 6559, dated 14 June 1971. g. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service. h. He was honorably released from active duty on 14 October 1971 in the rank/pay grade of specialist four (SP4)/E-4. 3. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) 4. His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (AGCM) (1st Award). 5. The applicant's records are void of orders showing he was awarded the AM. 6. 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 AM orders pertaining to the applicant. 7. The applicant provides a memorandum from Headquarters, 3d Battalion, 12th Infantry Regiment, dated 1 November 1970, subject: AM, which shows the applicant completed six combat assaults during the period 26 July to 30 September 1970. This memorandum also lists the names of other Soldiers in his unit and the number of their completed combat jumps. 8. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended 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. 9. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the AM. It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the AM. However, the regulation was clear that these guidelines were considered only a departure point. 10. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal. It states a bronze service star is authorized with this award 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 VII Campaign. 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment in the RVN his units were awarded the: a. RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970 by Department of the Army General Orders Number 52, dated 1971; and b. RVN Gallantry Cross with Palm Unit Citation for the period 18 April to 31 August 1971 by Department of the Army General Orders Number 6, dated 1974. 12. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the RVN Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. DISCUSSION AND CONCLUSIONS: 1. The applicant requests correction of his DD Form 214 to show the following awards: * BSM * AM * ARCOM * CIB 2. The evidence of record confirms the applicant served honorably from 11 February 1970 to 14 October 1971. He served in the RVN, attained the rank of SP4, and received all "excellent" conduct and efficiency ratings throughout his service. His records are void of a commander's disqualification or any other derogatory information that would have disqualified him from receiving the AGCM (1st Award). Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award. 3. Orders awarded the applicant the BSM, ARCOM, and CIB. His DD Form 214 should be corrected to show these awards. 4. His units in the RVN were cited for award of the RVN Gallantry Cross with Palm Unit Citation on two separate occasions during his tour of duty. Therefore, his DD Form 214 should be corrected to show these unit awards. He should be aware that although his unit was awarded two RVN Gallantry Cross with Palm Unit Citations, he may only display one on his uniform. 5. He participated in one campaign during his service in the RVN. Therefore, he is entitled to one bronze service star for wear on his previously-awarded VSM. 6. The memorandum provided by the applicant shows he completed six combat jumps. However, this document also lists the number of combat jumps performed by other members of his unit. It appears that this document served as a reporting/accountability record of completed combat jumps for the purposes of awarding the AM upon individual qualification. However, there is no evidence he was awarded the AM. As a result, there is insufficient evidence to add the AM to his DD Form 214 at this time. 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 AGCM (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 February 1970 to 14 October 1971 and b. adding the following awards to his DD Form 214: * BSM * ARCOM * AGCM (1st Award) * RVN Gallantry Cross with Palm Unit Citation (2nd Award) * CIB * one bronze service star to be affixed to his previously-awarded VSM 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 the award of the AM. ___________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) AR20130008110 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130008110 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1