IN THE CASE OF:	  

		BOARD DATE:	       29 January 2009

		DOCKET NUMBER:  AR20080014876 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of two Silver Stars and the Combat Action Ribbon.  He further requests to receive all medals that he is entitled.

2.  The applicant states that he may have been awarded two Silver Stars because he was in six major battles.  He contends that an administrative oversight caused his records to be incorrect.

3.  The applicant provides, in support of his application, copies of his DD Form 214, General Orders Number 2801, dated 20 April 1969, awarding him the Silver Star; and a newspaper article, dated 25 January 1971, reporting that he was presented a second Silver Star. 

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 requests issuance of all of his awards.  However, the ABCMR does not issue awards.  The applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC), St. Louis, Missouri.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests submitted to NPRC may be submitted via a letter or the Standard Form 180 (which can be found at http://www.archives.gov/st-louis/military-personnel/index.html.)  Requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  This issue will not be further discussed in these proceedings.

3.  On 3 May 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11E (Armor Crewman).  He was subsequently assigned for duty as a loader at Fort Knox, Kentucky.

4.  On 13 July 1968, the applicant was assigned for duty as an armor crewman with B Troop, 1st Squadron, 1st Cavalry Regiment, in the Republic of Vietnam.  

5.  On 21 August 1968, the applicant's duty was changed to gunner.

6.  General Orders Number 2801, Headquarters, Americal Division, dated 
20 April 1969, awarded the applicant the Silver Star for gallantry in action against an armed hostile force in the Republic of Vietnam on 25 February 1969 while serving as a tank gunner.  

7.  On 22 April 1969, the applicant returned to the United States.

8.  On 26 April 1969, the applicant was released from active duty.  He had attained the rank of specialist five, pay grade E-5 and had completed 1 year, 
11 months and 24 days of creditable active duty.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Purple Heart (two awards), Army Commendation Medal, Vietnam Service Medal, Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Silver Star or the Combat Infantryman Badge. 
10.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources command failed to reveal any orders awarding the applicant a second Silver Star.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

12.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Appendix V of this regulation provided the guidance governing award of the Combat Infantryman Badge.  Paragraph 2a stated, in effect, that MOS's, "in the 11 series with the letters b, c, d, f, g and h," are infantry MOS's.  

13.  The applicant has provided a copy of a community newspaper, date unavailable, showing that he was presented a second award of the Silver Star.  The narrative states that this award was for gallantry in action on 25 February 1969.

14.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

15.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

16.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

17.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the Tet 69 Counteroffensive.   This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 53, dated in 1970, for award of the Valorous Unit Award.    

19.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

20.  The Combat Action Ribbon is a Department of Navy award presented to personnel who have served in combat action. 

21.  Army Regulation 600-8-22, provides, in pertinent part, for award of the Combat Action Badge (CAB) to provide special recognition to Soldiers who personally engaged, or are engaged by the enemy.  The requirements for award of the CAB are Branch and MOS immaterial. Assignment to a Combat Arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the CAB.  However, it is not intended for award to all Soldiers who serve in a combat zone or imminent danger area.  Specific eligibility requirements are: (1) All Soldiers are eligible; (2) Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized; (3) Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement; (4) Soldier must be assigned or attached to a unit that would not qualify the Soldier for the CIB/CMB.  For example, an 11B assigned to an infantry battalion is not eligible for award of the CAB.  However, an 11B assigned to Corps staff is eligible for award of the CAB.  Award of the CAB is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized.  Second and subsequent awards of the CAB are as follows: (1) only one CAB may be awarded during a qualifying period; (2) second and subsequent awards of the CAB will be indicated by superimposing one and two stars respectively, centered at the top of the badge between the points of the oak wreath.  Retroactive awards of the CAB are not authorized prior to 18 September 2001.  Soldier may be awarded the CIB, CMB and CAB for the same qualifying period, provided the criteria for each badge are met.  However, subsequent awards of the same badge within the same qualifying period are not authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show two Silver Star awards and the Combat Action Ribbon for his service in the Republic of Vietnam.   

2.  General orders clearly show that the applicant was awarded the Silver Star for gallantry in action on 25 February 1969.  Therefore his records should be corrected to show this award.

3.  The newspaper article reporting that the applicant's award of the Silver Star for his gallantry in action on 25 February 1969, as his second award of the Silver Star, is not supported by any evidence of record.  Therefore, his records should not be corrected to show more than one award of the Silver Star.

4.  The applicant's request concerning the Combat Action Ribbon may have been meant to address award of the Combat Infantryman Badge.  The evidence clearly shows that the applicant was an armor crewman.  He did not hold an infantry MOS and was not assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  Therefore, if his request was intended to be for award of the Combat Infantryman Badge, it should be denied. 

5.  Furthermore, if the applicant intended to request an award of the Combat Action Badge, this request too should be denied since this award was not authorized until 18 September 2001.

6.  If the applicant actually meant the Combat Action Ribbon, this  ribbon is a Department of Navy award presented to personnel who have served in combat action and is not awarded to Army personnel. 

7.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

8.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is authorized four bronze service stars to be affixed to his Vietnam Service Medal.

9.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

10.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.   Therefore, his records should be corrected to show this foreign unit award.   

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.  awarding him the Army Good Conduct Medal for the period from 
3 May 1967 to 26 April 1969; and

	b.  adding the following awards to the individuals DD Form 214 that was issued on 26 April 1969:  the Silver Star, Valorous Unit Award, Army Good Conduct Medal, four bronze service stars to be affixed to his already awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 a second Silver Star or the Combat Infantryman Badge/Combat Action Badge/Combat Action Ribbon.  




      _______ _ 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)                                         AR20080014876



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ABCMR Record of Proceedings (cont)                                         AR20080014876



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