IN THE CASE OF:

		BOARD DATE:	  25 June 2009

		DOCKET NUMBER:  AR20090002873 


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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) for the period ending 30 June 1968 to show award of the Silver Star, the Air Medal, the Bronze Star Medal with "V" Device with First Oak Leaf Cluster, the Army Commendation Medal, the Combat Infantryman Badge, and an unspecified Vietnamese award.  

2.  The applicant states that these awards were processed in May/June 1968 and he was separated from the service before the paperwork was approved for entry on the DD Form 214.

3.  The applicant provides orders for the Silver Star, the Air Medal, the Bronze Star Medal with "V" Device, the Bronze Star Medal with First Oak Leaf Cluster, and a Vietnamese award (written in Vietnamese); and an award certificate for the Vietnamese award in support of his application.  Although the application indicates that the applicant provided orders for the Army Commendation Medal, these orders were not available.   

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 enlisted in the Regular Army on 26 October 1965 for a period of 2 years.  He completed the Infantry Officer Candidate course and was honorably discharged on 22 August 1966 to accept a commission.  He was commissioned a second lieutenant in the U.S. Army Reserve and was ordered to active duty on 23 August 1966.  He arrived in Vietnam on 30 June 1967.  He served as an infantry unit commander assigned to Headquarters and Headquarters Company, 1st Battalion, 18th Infantry of the 1st Infantry Division in Vietnam from 21 July 1967 through 22 August 1967.  He was assigned to Company D, 1st Battalion, 18th Infantry of the 1st Infantry Division in Vietnam from 23 August 1967 through 28 June 1968.  On 30 June 1968, the applicant was released from active duty in the rank of first lieutenant. 

3.  The applicant's DD Form 214 for the period ending 30 June 1968 shows the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal with "V" Device, and two awards of the Overseas Service Bar as authorized awards. 

4.  Headquarters, 1st Infantry Division General Orders Number 2065, dated 
8 March 1968, show the applicant received the Bronze Star Medal with "V" Device for heroism on 3 December 1967 in Vietnam. 

5.  Headquarters, 1st Infantry Division General Orders Number 5679, dated 
19 June 1968, show the applicant received the Air Medal. 

6.  Headquarters, 1st Infantry Division General Orders Number 6372, dated 
3 July 1968, show the applicant received the Bronze Star Medal with First Oak Leaf Cluster for meritorious service during the period July 1967 to June 1968. 

7.  Headquarters, 1st Infantry Division General Orders Number 8286, dated 
12 August 1968, show the applicant received the Silver for gallantry in action on 4 May 1968 while engaged in military operations involving conflict with an armed hostile force in Vietnam.

8.  The applicant provided an award certificate and what appears to be orders for a Vietnamese award.  However, these documents are written in Vietnamese and cannot be translated.  There is no evidence of record which shows the applicant was authorized to receive and wear this foreign award by Army officials. 

9.  There are no orders for the Army Commendation Medal or the Combat Infantryman Badge in the available records.

10.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

11.  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 1st Battalion, 18th Infantry was awarded the Valorous Unit Award for actions during the period 6 October 1967 to 
10 December 1967 based on Department of the Army General Orders Number 32, dated 1973.

12.  Department of the Army Pamphlet 672-3 shows the 1st Battalion, 18th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.  

13.  Department of the Army Pamphlet 672-3 also shows the 1st Battalion, 
18th Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

14.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

15.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  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 and states that authorized bronze service stars will be worn on the appropriate service medal.
17.  Army Regulation 600-8-22 provides that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel.  Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Silver Star and the Air Medal.  Therefore, his DD Form 214 for the period ending 30 June 1968 should be corrected to show these awards.

2.  Orders show the applicant received the Bronze Star Medal with "V" Device and the Bronze Star Medal with First Oak Leaf Cluster.  Therefore, his DD Form 214 for the period ending 30 June 1968 should be corrected to show the Bronze Star Medal with "V' Device with First Oak Leaf Cluster.

3.  There are no orders for the Army Commendation Medal in the available records.  Therefore, there is insufficient evidence on which to base award of the Army Commendation Medal.

4.  Evidence of record shows the applicant was an infantry officer and he served in an infantry MOS while assigned to an infantry company in Vietnam.  He was also awarded the Silver Star for gallantry in action while engaged in military operations involving conflict with an armed hostile force in Vietnam.  In addition, he was wounded in action.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

5.  Although the applicant provided an award certificate and what appears to be orders for a Vietnamese award, there is no evidence of record which shows he was authorized to accept and wear this foreign award by Army officials.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show this foreign award. 

6.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 for the period ending 30 June 1968 should be corrected to show this award.

7.  The applicant's unit was cited for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 30 June 1968 should be corrected to show these unit awards.

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 Combat Infantryman Badge; and 

	b.  adding the Combat Infantryman Badge, the Silver Star, the Air Medal, and the Bronze Star Medal with "V" Device with First Oak Leaf Cluster, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214 for the period ending 30 June 1968. 

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 amending his DD Form 214 to show award of the Army Commendation Medal or a Vietnamese award.  




      _______ _   _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)                                         AR20090002873





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002873



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1