RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 October 2007
	DOCKET NUMBER:  AR20070008074 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Mr. Chester Damian

Member

Mr. Ronald Gant

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Bronze Star Medal (BSM), the Army Commendation Medal (ARCOM) for Heroism (or ARCOM with "V" Device) and the Combat Action Ribbon.

2.  The applicant states the BSM and the ARCOM are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a retirement date of 31 July 1972.  He further states that consequently the Combat Action Ribbon has not been awarded because of his MOS (military occupational specialty).

3.  The applicant provides the following supporting documents with his application:

	a.  A letter, dated 31 May 2007, from the applicant's Congressman requesting the BSM and ARCOM be added to the applicant's DD Form 214.

	b.  A self-authored letter to the Congressmen requesting the Congressman's assistance in correcting the applicant's record to add the BSM, ARCOM, and the Combat Action Ribbon.

	c.  A copy of a BSM certificate dated 31 December 1971, signed by a brigadier general in command.

	d.  General Orders Number 00305, dated 31 December 1971, published by Headquarters, 196th Infantry Brigade awarding the BSM to the applicant for meritorious service in connection with military operations against a hostile force for the period 20 January 1971 through 1 January 1972.

	e.  The BSM citation, which supports and accompanies the BSM certificate and General Orders Number 00305.

	f.  A copy of an ARCOM certificate for heroism dated 2 July 1971 awarded while the applicant was serving in the Republic of Vietnam.

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 he enlisted on 3 June 1952 and served continuously on active duty for 20 years, 1 month, and 22 days.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 94B (Cook).  He was released from active duty on 31 July 1972 and placed on the Retired List the following day.

3.  The applicant was assigned to Service Battery, 6th Battalion, 27th Artillery
in the Republic of Vietnam during the period from 13 February 1971 through 
7 January 1972.  During his second tour, he was assigned to Headquarters and Headquarters Company, 1st Battalion, 46th Infantry, 196th Infantry Brigade during the period 20 January 1971 through 7 January 1972.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with a separation date of 31 July 1972, shows he was awarded the BSM, the ARCOM, the Army Good Conduct Medal (third and fourth award), the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal (15th Unnamed Campaign). 

5.  The applicant's military personnel record contains three DD Forms 214 for three separate periods of active duty service. 

	a.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with a separation date of 6 June 1960 shows he was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Carbine Bar, and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with a separation date of 6 June 1966 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Army Good Conduct Medal (2nd Award).

	c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with a separation date of 11 March 1969 shows he was awarded the National Defense Service Medal with Oak Leaf Cluster, the Army Good Conduct Medal 
(2nd Award), the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars. 

6.  The applicant's records show that he is entitled to additional awards, which he did not request and which are not listed on his DD Form 214.

7.  By virtue of the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967); the Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968); Tet Counteroffensive (30 January 1968 - 1 April 1968); the Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968); the Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968); the Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971); the Consolidation I (1 July 1971 - 30 November 1971; and the Consolidation II 
(1 December 1971 - 29 March 1972).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  

	a.  This pamphlet shows that at the time of the applicant’s assignment to Services Battery, 6th Battalion, 27th Artillery, the unit received the Meritorious Unit Commendation for the period 1 January 1968 through 31 January 1969 based on Department of the Army General Order (DAGO) Number 36, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 14 September 1967 through 15 January 1971, based on DAGO Number 51, dated 1971. 

	b.  This pamphlet also shows that at the time of the applicant’s assignment to Headquarters and Headquarters Company, 1st Battalion, 46th Infantry, 196th Infantry Brigade, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 April 1971 through 30 June 1971, based on DAGO Number 6, dated 1974.

9.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

10.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

11.  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 Bronze Star Medal.  
Although more than one award of the Army Commendation Medal or the Air Medal or the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one “V” device may be worn on awards of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal for heroism.

12.  Department of the Army Pamphlet 672-3 further shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

13.  Department of the Army Pamphlet 672-3 also states, in pertinent part, that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

14.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Secretary of the Navy authorized the Combat Action Ribbon on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of 0-6 and below who have actively participated in ground or surface combat.  The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia (1 March 1961 and ending with Operation Desert Storm in 1991).

15.  Department of Defense Instruction 1348.33 also states that an individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.  

16.  Army Regulation 635-5 (Separation Documents), states in pertinent part, that all awards and decorations will be listed for all periods of service which are verified by the Soldier's official records. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the BSM, the ARCOM for Heroism, and the Combat Action Ribbon.  The applicant has four DD Forms 214 in his military personnel record, which shows he was discharged, then immediately reenlisted for three periods with the fourth period showing he retired from active federal service after qualifying for retirement.  The applicant's DD Form 214 with a retirement separation date of 31 July 1972 shows award of the BSM and the ARCOM, but the ARCOM does not show award of the "V" Device for heroism.  Therefore, the applicant is entitled to have his record corrected to show award of the ARCOM with "V" Device.  

2.  Based on the criteria of the Combat Action Ribbon requiring membership in the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard operating under the control of the U.S. Navy, the applicant is not entitled to award of the Combat Action Ribbon.

3.  Based on the applicant's service with the 6th Battalion, 27th Artillery he is entitled to the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  Based on the applicant's service with Headquarters and Headquarters Company, 1st Battalion, 46th Infantry, 196th Infantry Brigade he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant's military personnel records show he participated in eight campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star and three bronze service stars to be worn on his Vietnam Service Medal.  

6.  Based on the applicant's previously issued DD Forms 214, he is entitled to have his DD Form 214 with an effective date of retirement of 31 July 1972 amended to show the following awards:  National Defense Service Medal with Oak Leaf Cluster, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Carbine Bar, and 2 Overseas Service Bars. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___CD __  __CD___  __RG ___  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 amending his DD Form 214 with an effective date of 31 July 1972 to show award of the following awards and decorations:

	a.  The ARCOM with "V" Device;

	b.  The Meritorious Unit Commendation;

           c.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

	d.  Two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

	e.  One silver service star and three bronze service stars to be worn on his Vietnam Service Medal; 

	f.  The National Defense Service Medal with Oak Leaf Cluster; 

	g.  The Expert Marksmanship Qualification Badge with Rifle Bar;

	h.  The Sharpshooter Marksmanship Qualification Badge with Carbine Bar; and
	i.  Two Overseas Service Bars. 




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 award of the Combat Action Ribbon.




	_____ Carmen Duncan_______
          		CHAIRPERSON



INDEX

CASE ID
AR20070008074
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071030
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0014
2.

3.

4.

5.

6.