PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 November 2001
         DOCKET NUMBER: AR2001059007


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. William Blakely		Analyst

The following members, a quorum, were present:

Ms. Deborah S. Jacobs		Chairperson
Mr. Elzey J. Arledge, Jr.		Member
Mr. Donald P. Hupman, Jr.		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that he be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM) with Valor (“V”) Device.

3. The applicant states, in effect, that his military records do not reflect that he was awarded the CIB and the BSM with “V” Device. In support of his application, he submits a letter of support from his former commander in the Republic of Vietnam (RVN).

4. The applicant’s military records show that on 14 September 1967, he was inducted into the Army for a period of 2 years. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served in the RVN from 1 March 1968 to 28 February 1969. It also shows that during his RVN tour he was assigned to D Company, 2^nd Battalion, 8^th Cavalry Regiment, 1^st Air Cavalry Division and that he performed duties in MOS 11B as a rifleman.

6. The DA Form 20 also verifies that during his tenure in Vietnam he participated in 4 campaigns and during his active duty tenure he earned the following awards: BSM, Air Medal, Vietnam Service Medal, RVN Campaign Medal with 60 Device, and National Defense Service Medal. The CIB and BSM with “V” Device are not recorded in the DA Form 20.

7. His Official Military Personnel File (OMPF) contains no derogatory information and there is no indication that he was ever disqualified from receiving the Army Good Conduct Medal (AGCM) by any of the unit commanders for which he served.

8. On 3 April 1970, the applicant was placed on the Temporary Disability Retired List (TDRL). On 31 January 1973, subsequent to a reexamination that found him fit for duty, he was removed from the TDRL and discharged in the pay grade of
E-5.

9. The letter of support from his RVN commander, dated 12 June 2001, indicates that while serving as the commander of D Company, 2^nd Battalion,
8^th Cavalry Regiment, 1^st Air Cavalry Division, the applicant was assigned to him as his radio/telephone operator (RTO).

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10. The former commander indicates that during his tour of duty in the RVN he kept a notebook in which he noted the names of soldiers he felt were deserving of awards along with an outline of their actions. He would send these notes to the rear to his executive officer who was responsible for completing the necessary forms recommending the awards. He is unsure where the system failed in the applicant’s case but claims that he did submit the applicant for award of the BSM with “V” Device for actions on 24, 26, and 27 December 1968. With regard to the CIB, he indicates that the criteria he used at the time was 30 days in country and involvement in action against the enemy and the applicant clearly satisfied this criteria.

11. An Authorization for Issuance of Awards (DA Form 1577), dated 31 May 2000, issued by the U.S. Army Support Center, Philadelphia, Pennsylvania, confirms that the applicant was authorized and issued the AGCM, Vietnam Service Medal with 4 bronze service stars and that he was reissued the BSM,
Air Medal, Republic of Vietnam Campaign Medal with 60 Device and the National Defense Service Medal.

12. Army Regulation 600-8-22 provides, in pertinent part, that the 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. During the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

14. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the BSM.

15. Army Regulation 600-8-22 (Military Awards) provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during 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. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

16. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

17. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal (VCM). The Government of Vietnam awarded this medal 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 service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal

18. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 59, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal by Department of the Army General Order Number 42, dated 1972.

19. Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

CONCLUSIONS:

1. The evidence of record shows that the applicant served as a light weapons infantryman (11B) in an infantry unit involved in combat operations while serving in Vietnam. Therefore, he is entitled to award of the CIB and correction of his records to show this award.

2. The evidence of record confirms that he served a qualifying period of service that entitled him to received the AGCM. Based on his record being void of any derogatory information and the lack of a specific recommendation from any of his unit commanders that he be disqualified from receiving the award, the Board concludes it would be appropriate to add this award to his record.

3. The applicant’s DA Form 20 confirms that he served in Vietnam during four separate campaigns. Therefore, he is entitled to have his separation document corrected to show the Vietnam Service Medal with 4 bronze service stars and the Republic of Vietnam Campaign Medal with 60 Device.

4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register- Vietnam) confirms the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal during his assignment tenure. Therefore, the Board concludes he is entitled to have these awards added to his record.

5. While the Board does not question the validity of the information provided by the applicant’s former unit commander in regard to his recommending the applicant for the BSM with “V” Device, it finds his letter fails to provide a specific explanation of the events and act of valor performed by the applicant that would support awarding the BSM with “V” Device. This coupled with the lack of any documented evidence in the official files to support the award compels the Board to conclude there is an insufficient evidentiary basis to award the applicant the BSM with “V” Device.

6. Further, the Board notes that the applicant has failed to exhaust his administrative remedies in pursuing his claim for the BSM with “V” device. By law, he is entitled to pursue his claim to the BSM with “V” device by request through his Member of Congress under the provisions of 10 USC 1130, an option he may still wish to pursue.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was awarded the Combat Infantryman Badge, Vietnam Service Medal with 4 bronze service stars, the Republic of Vietnam Campaign Medal with 60 Device, the Republic of Vietnam

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Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, and the Army Good Conduct Medal for the period 14 September 1967 to 3 April 1970.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

___DSJ__ __EJA__ __DPH___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Deborah S. Jacobs__
                  CHAIRPERSON

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INDEX

CASE ID	A2001059007
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2001/11/06
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(Partial Relief)
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.