IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100009883 


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 his records be corrected to show he was awarded the Combat Infantryman Badge (CIB), Bronze Star Medal (BSM), and Silver Star.

2.  The applicant states the CIB is not on his record and he was told he would be awarded the BSM or SS for trying to save a fellow Soldier.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), effective 8 October 1969, in support of his application.

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 and entered active duty on 9 October 1967.  He was trained in and awarded military occupational specialty 11C (Indirect Fire Crewman).

3.  He served in the Republic of Vietnam from on or about 1 April 1968 to on or about 14 March 1969 and was assigned to Troop A, 3rd Squadron, 4th Cavalry, 25th Infantry as a mortar gunner.

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the CIB by Headquarters, 25th Infantry Division, Special Order Number 200.

5.  He was honorably released from active duty in the rank/grade of sergeant/E-5 on 8 October 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.  He completed 
2 years of active military service with no days of lost time.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 
214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  

7.  His records do not contain any documentation showing he was recommended for or awarded the Bronze Star Medal or Silver Star.  

8.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Bronze Star Medal or Silver Star orders on file.

9.  Army Regulation 600-8-22 (Military Awards) provides for the following awards: 

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  

	b.  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  

   c.  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.  Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  It also provides that personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for the award.

   d.  All personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.

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

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his assignment to Troop A, 
3rd Squadron, 4th Cavalry, 25th Infantry, his unit was awarded the following awards:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period  1 January 1969 – 31 March 1969, by Department of the Army General Orders (DAGO) 43, dated 1970 and the period 1 December 1965 - 31 August 1968, by DAGO 48, dated 1971;

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 March 1966 - 21 January 1970, by DAGO 51, dated 1971; and

	c.  Valorous Unit Award for the period 1 January 1969 – 22 February 1969, by DAGO 39, dated 1970.

12.  Paragraph 6 of Department of the Army Pamphlet 672-3 states not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

13.  Army Regulation 600-8-22, paragraph 2-13, 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.  It also provides that a silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive (23 February 1969 - 8 June 1969)

14.  Title 10 of the U.S. Code, section 1130 (10 USC 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.

15.  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, 1600 Spearhead Division Avenue, Department 470, Fort Knox, KY  40122-5407.  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 request for correction of his DD Form 214 to show award of the Combat Infantryman Badge, Bronze Star Medal, and Silver Star was carefully considered and there is sufficient evidence to grant partial relief.

2.  The evidence shows he was awarded the Combat Infantryman Badge by Headquarters, 25th Infantry Division Special Order Number 200.  Therefore, his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.

3.  Records show he participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star to be affixed to his previously-awarded Vietnam Service Medal.

4.  General orders twice awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  In accordance with regulatory guidance, no individual will wear more than one of this award.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, the applicant's records should be corrected to show both awards of this foreign unit award.

5.  General orders awarded his unit the Valorous Unit Award.  Therefore, it would also be appropriate to correct his records to show this unit award.

6.  The available evidence is insufficient to award him the Bronze Star Medal or Silver Star; however, this in no way affects his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 adding the following to item 24 of his DD Form 214:
   
* Combat Infantryman Badge
* One silver service star to be affixed to his previously-awarded Vietnam Service Medal
* Valorous Unit Award
* two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 the award of the Bronze Star Medal and Silver Star.  



      _______ _   _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)                                         AR20100009883





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ABCMR Record of Proceedings (cont)                                         AR20100009883



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