IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090021313 


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 Combat Infantryman Badge (CIB) and the Army Commendation Medal (ARCOM) (2nd Oak Leaf Cluster (OLC)).  Additionally, he requests the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that the CIB was given to him in Vietnam, but due to the wet conditions the orders fell apart.  He also states that the ARCOM medals and certificates were received after he separated from the Army.

3.  The applicant provides a copy of his DD Form 214, a document on the Republic of Vietnam Gallantry Cross with Palm Unit Citation, three ARCOM certificates and citations, and General Orders Number 10273, dated 8 August 1970. 

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 was inducted into the Army of the United States on 3 April 1969.  After completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The applicant served in Vietnam from 19 January 1970 to 8 December 1970 and was assigned to Company B, 1st Battalion, 46th Infantry Regiment, 4th Infantry Division.  He was honorably released from active duty on 9 December 1970.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:  National Defense Service Medal; Vietnam Service Medal; Vietnam Campaign Medal with Device 60; and Sharpshooter Marksmanship Qualification Badge M-16.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any Article 15's, court-martial, or any other type of adverse action.

5.  The ARCOM certificate dated 28 June 1970 and the citation show that the applicant was awarded the ARCOM for meritorious achievement from 1 January 1970 to 30 April 1970.  

6.  General Orders Number 10273, dated 8 August 1970 and certificate dated
24 August 1970 awarded the applicant the ARCOM (1st OLC) for heroism on 
12 June 1970.  The certificate and the orders incorrectly show the last two digits of the applicant's social security number as 25 instead of 52.  However, his complete name, rank, and unit of assignment  are correct.  The orders stated the following:

For heroism in connection with military operations against a hostile force in the Republic of Vietnam.  [Applicant] distinguished himself by valorous actions on 12 June 1970 while serving as a rifleman with Company B, 1st Battalion, 46th Infantry.  On that date, the company was conducting a search and clear operation in Hiep Due District when it came under a combined mortar and ground attack by an unknown size North Vietnamese Army force.  Observing a comrade fall wounded during the initial exchange of fire, [Applicant] unhesitatingly moved through the intense enemy fusillade to the wounded soldier's position. . . . 
7.  The ARCOM certificate dated 12 October 1970 and the citation show that the applicant was awarded the ARCOM (2nd OLC) for meritorious achievement from 1 June 1970 to 30 September 1970.  

8.  A 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 U.S. Army Human Resources Command, failed to reveal orders for award of the ARCOM or the ARCOM (2nd OLC).  However, the orders for the award of the ARCOM (1st OLC) were listed.  

9.  Army Regulation 600-8-22 (Military Awards) 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.  

10.  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 that the 1st Battalion, 46th Infantry, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 42, dated 1972.

11.  Review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in two campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he served in an infantry MOS and was assigned to an infantry unit.  Additionally, his orders awarding him the ARCOM (1st OLC) confirm that he participated in active ground combat while assigned to Company B, 1st Battalion, 46th Infantry.  Therefore, he is entitled to the award of the CIB.

2.  Although the two digits of the applicant's SSN on his ARCOM (1st OLC) order are reversed, all other information is correct.  These orders verify that he is entitled to correction of his records to show award of the ARCOM (1st OLC).  

3.  Since orders verify the applicant's entitlement to the ARCOM (1st OLC) it is reasonable to assume that the certificate and citation showing he was awarded the ARCOM, which was dated prior to the 1st OLC, is correct.  Likewise, the certificate and citation awarding him the ARCOM (2nd OLC) is also consistent with his previous awards and his service in Vietnam.  Therefore, in the interest of equity and justice, it would be appropriate to correct the applicant's records to show award of the ARCOM (2nd OLC).

4.  The evidence shows the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and his records should be corrected to show this unit award.

5.  Evidence of record shows the applicant received all "excellent" conduct and efficiency ratings throughout his service with no record of any disciplinary actions or a commander's disqualification.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st award) for the period 3 April 1969 to 9 December 1970 and correction of his records to show this award.

6.  Additionally, evidence shows that the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show award of two bronze service stars for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

___X_____  ___X___  ____X__ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the CIB;

   c.  awarding him the Army Good Conduct Medal for the period 3 April 1969 to 9 December 1970; and
   
	d.  adding to item 24 of his DD Form 214 the Army Commendation Medal with "V" Device and with 2nd OLC, Army Good Conduct Medal (1st award), Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      _________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)                                         AR20090021313





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ABCMR Record of Proceedings (cont)                                         AR20090021313



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