IN THE CASE OF:	  

		BOARD DATE:	  20 July 2010

		DOCKET NUMBER:  AR20100000974 


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 the following:

* Bronze Star Medal with "M" Device
* Navy/U.S. Coast Guard Unit Commendation
* Combat Action Ribbon
* Joint Service Commendation Medal
* Republic of Vietnam (RVN) Civil Actions Honor Medal with oak leaf cluster
* RVN Gallantry Cross with Palm Unit Citation with oak leaf cluster
* two awards of the Meritorious Unit Commendation
* Vietnam Service Medal with one silver service star and one bronze service star
* RVN Campaign Medal with Device (1960)
* Overseas Service Ribbon
* Presidential Unit Citation
* three overseas service bars

2.  The applicant states the following:

* he feels he is entitled to Bronze Star Medal with "M" Device because he served with the 9th Infantry Division from February 1968 to January 1969
* his conduct and efficiency were rated as excellent
* he was awarded the Combat Infantryman Badge and Air Medal
* he served with 716th Military Police Battalion until he left the service on 19 September 1969 and participated in six campaigns
* he spent 18 months in Vietnam which equates to three overseas service bars
* he states the 9th Infantry Division was awarded the Presidential Unit Citation on 12 June 1969 by President Nixon for the period 29 January 1968 to 4 March 1968

3.  The applicant provides a copy of his DD Form 214 and a letter from the National Personnel Records Center in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was inducted into the Army of the United States on 13 September 1967.

2.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 22 February 1968 through 5 September 1969.  This is verified on his DD Form 214 which shows he completed 1 year, 6 months, and 28 days of foreign service.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to the following units in Vietnam:

* Company E, 3rd Battalion, 60th Infantry, 9th Infantry Division – 6 March 1968 to 6 March 1969
* Company C, 52nd Infantry, 716th Military Police Battalion – 7 March 1969 to September 1969

3.  Item 39 (Campaigns) on his DA Form 20 shows he participated in the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.

4.  The applicant was separated on 19 September 1969.  His DD Form 214 shows he was authorized the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Combat Infantryman Badge
* Air Medal

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the 3rd Battalion, 60th Infantry, 9th Infantry Division, this unit was cited for the following awards:

* RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period January 1969 to June 1969 by DAGO Number 59, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969

6.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant's assignment to the 716th Military Police Battalion, this unit was cited for the following awards: 

* Meritorious Unit Commendation for the period 1 November 1968 to 31 October 1969 by DAGO Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 29 September 1966 to 28 March 1973 by DAGO Number 6, dated 1973

7.  Department of the Army Pamphlet 672-3 does not show the 9th Infantry Division was cited for the Navy Unit Commendation.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any orders for the Bronze Star Medal pertaining to the applicant.  Additionally, item 41 (Awards and Decorations) of his DA Form 20 does not list the Bronze Star Medal.

9.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Paragraph 6-6 of Army Regulation 600-8-22 states the "M" Device is authorized for wear on the Armed Forces Reserve Medal by members of the Reserve Components who are called or who volunteer and serve on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Title 10, U.S. Code, section 101(a)(13).

11.  Paragraph 9-24 of Army Regulation 600-8-22 states the unit citation of the Civil Actions Honor Medal Unit Citation is awarded by the Vietnamese government for meritorious service.  The award of the Civil Actions Honor Medal Unit Citation, First Class, is accompanied with oak leaf clusters.  The palm used in the Gallantry Cross with Palm Unit Citation is the oak leaf device and is worn with the stem to the wearer's right.

12.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

13.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate DA message.

14.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam 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.

15.  Paragraph 2-13 of Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Table B-1 shows that during the applicant's tour of duty in Vietnam, participation credit was awarded for the following campaigns:

* Tet Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969

16.  DOD Instruction 1348.33 shows that the Navy Unit Commendation was authorized by the Secretary of the Navy on 18 December 1944.  It is awarded by the Secretary of the Navy to any unit of the U.S. Navy or the U.S. Marine Corps.  The Navy Unit Commendation may be awarded to other units of the Armed Forces of the United States and of friendly foreign nations serving with the Armed Forces of the United States provide such unit meet the standards established by the Department of the Navy.

17.  DOD Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy 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 colonel and below who have actively participated in ground or surface combat.  The DOD instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia (1 March 1961-15 August 1973) and ending with Operation Restore Hope (5 December 1992-31 March 1995).

18.  The Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  In accordance with Deputy Secretary of Defense memorandum, dated 29 November 1965, subject:  Combat Distinguishing Device for the Joint Service Commendation Medal, the "V" Device was authorized for wear for all services for acts or service involving direct participation in combat operations on or after 25 June 1963.

19.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

20.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  U.S. Army Human Resources Command, Soldier Programs and Services Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he feels he is entitled to Bronze Star Medal with "M" Device because he served with the 9th Infantry Division from February 1968 to January 1969 is acknowledged.  The "M" Device is not authorized to be affixed to the Bronze Star Medal; furthermore, the applicant's service record does not include evidence which shows he was recommended for or awarded the Bronze Star Medal and he provides no such evidence.

2.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  Department of the Army Pamphlet 672-3 shows the 716th Military Police Battalion was cited for the Navy Unit Commendation for the period 19 March 1965 to 15 March 1966.  However, the applicant was not assigned to this unit during this period.

4.  The evidence of record does not show the 9th Infantry Division was awarded the Navy Unit Commendation by the Department of the Navy.  Such an award would have had to be confirmed in DAGO and there is no evidence the 9th Infantry Division was awarded the Navy Unit Commendation by DAGO.

5.  The authority for award of the Combat Action Ribbon states that 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.  Therefore, there is no basis for amending the applicant's DD Form 214 to show award of the Combat Action Ribbon.

6.  The Joint Service Commendation Medal is awarded by the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  However, the applicant's service record does not show he was authorized award of the Joint Service Commendation Medal.  Therefore, there is no basis for correction of his DD Form 214 to show this award.

7.  The applicant was assigned to the 9th Infantry Division during the period it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He was assigned to the 716th Military Police Battalion when it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

8.  The applicant was assigned to the 9th Infantry Division during the period it was cited twice for award of the RVN Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be corrected to show two awards of the RVN Gallantry Cross with Palm Unit Citation.

9.  The applicant was assigned to the 716th Military Police Battalion during a period it was cited for the Meritorious Unit Commendation; therefore, his DD Form 214 should be amended to show one award of the Meritorious Unit Commendation.

10.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in six campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect one silver service star and one bronze service star for wear on his Vietnam Service Medal.

11.  The applicant's DD Form 214 currently reflects the RVN Campaign Medal; however, he served a period of qualifying service for the RVN Campaign Medal with Device (1960).

12.  Based on Army Regulation 600-8-22, the Overseas Service Ribbon may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  However, the evidence of record does not show he had an Active Army status on or after 1 August 1981.  Therefore, he did not serve a period of qualifying service for the Overseas Service Ribbon.

13.  The applicant's request for correction of his records to show three overseas service bars is acknowledged.  However, Army Regulation 670-1, the governing Army regulation, states the overseas service bar is an item for wear on the uniform.  Therefore, he is not eligible for correction of his DD Form 214 to show awards of the overseas service bar.

14.  The applicant was not assigned to the 9th Infantry Division or the 716th Military Police Battalion during a period either was cited for the Presidential Unit Citation.  Therefore, this award should not be added to his DD Form 214.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 to add the following awards:

* two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* two awards of the RVN Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Vietnam Service Medal with one silver star and one bronze service star
* RVN Campaign Medal with Device (1960)

2.  The Board further determined 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 the following awards:

* Bronze Star Medal with "M" Device
* Joint Service Commendation Medal
* Combat Action Ribbon
* Overseas Service Ribbon
* two awards of the Meritorious Unit Commendation
* Presidential Unit Citation


* Navy/U.S. Coast Guard Unit Commendation
* three overseas service bars



      _______ _  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)                                         AR20100000974



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ABCMR Record of Proceedings (cont)                                         AR20100000974



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