IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100013884 


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 31 January 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Combat Medical Badge (CMB)
* Second award of the Silver Star (SS), in effect, the SS with Oak Leaf Cluster (OLC)
* Air Medal (AM)

2.  The applicant also requests that he be provided all his records for the period that he served in Vietnam and his records for subsequent service.

3.  The applicant states he was a combat medic attached to C Company from 1967 – 1968 (the entire year).  

4.  The applicant provides a copy of his DD Form 214; Orders 11060, dated 
23 December 1968; and a DA Form 20 (Enlisted Qualification Record).

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 all his records from Vietnam and his subsequent service.  Providing individual records does not fall within the purview of this Board.  However, the applicant may obtain copies of his records by contacting the National Personnel Records Center which is the repository of millions of military personnel, health, and medical records.  No action is required by the Board concerning this issue; therefore, this issue will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 30 November 1966.  He completed the required training and he was awarded Military Occupational Specialty (MOS) 91A (Medical Corpsman).  He was honorably released from active duty on 31 January 1970. 

4.  The applicant's DA Form 20 shows he served in the Republic of Vietnam (RVN) from 4 December 1967 to 3 December 1968.  Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 1st Battalion (Airborne), 506th Infantry, in duty MOS 91A with principal duty as a medical aidman.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and the SS.

6.  His military service records do not contain any general orders awarding him the SS with OLC or the AM. 

7.  General Orders Number 11060, dated 23 December 1968 awarded the applicant the SS.  The order reads as follows:

For gallantry in action in the Republic of Vietnam on 21 June 1968.  [The Applicant] distinguished himself while serving as a medical aidman of Company C, 1st Battalion, 506th Infantry, during a reconnaissance in force mission in the vicinity of Trang Bang, Republic of Vietnam.  At 1200 hours, Company C engaged an estimated enemy battalion in reinforced bunker positions.  The enemy initiated contact with an intense volume of automatic weapons, light and heavy machine gun, and rocket propelled grenade fire.  In the initial burst of fire, many of the members of the [Applicant's] platoon were wounded and lay exposed to enemy fire in the open rice paddies.  [The Applicant] realizing the urgency of the situation, immediately rushed to the lead element and began administering aid.  Although effective enemy fire impacted all around him, he refused to waiver.  On many occasions he covered the bodies of the wounded men with his own to protect them from further injury.  [The Applicant] moved to every area in the battlefield and administered aid.  When the medical evacuation helicopters arrived, [the Applicant] loaded many of the wounded men on the aircraft.  Later in the evening, enemy mortar fire was directed on Company C's position.  [The Applicant] again displayed complete disregard for his own safety as he rushed through heavy mortar fragmentation to administer aid to the wounded. Through his personal bravery and medical skill, many of the wounded were saved.  [The Applicant] contributed highly to the success of the battle which resulted in seventy-nine enemy casualties.  [The Applicant's] personal bravery and devotion to duty were in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the United States Army.

8.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web based index containing U. S. Army general orders issued between 1965 and 1973 for the Vietnam era, does not show award orders were published awarding him the SS with OLC or the AM. 

9.  Army Regulation 600-8-22 (Military Awards) provides that the CMB is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the SS 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the SS.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  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 timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, ATTN:  
AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY, 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

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

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists unit awards received by units serving in Vietnam.  This document shows while the applicant was assigned to 1st Battalion, 506th Infantry the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 5, dated 1977; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971, and the Valorous Unit Award by DAGO Number 52, dated 1974.

17.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is worn instead of five bronze service stars.    Appendix B, Table B-1 contains a list of Vietnam campaigns.  It shows the applicant participated in five campaigns during his tour in Vietnam:  Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968), 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), and the Vietnam Counteroffensive, Phase VI 
(2 November 1968 - 22 February 1969).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he was assigned to 1st Battalion, 506th Infantry in MOS 91A while he was assigned in the RVN.  The citation in his award orders for the SS substantiates that he was actively engaged in ground combat while performing the duties of his MOS.  Therefore, he is entitled to correction of his records to show award of the CMB.

2.  The applicant's military personnel record and the web-based ADCARS do not contain orders awarding him the SS with OLC or the AM.  There is no evidence of record that shows he was recommended for or awarded SS with OLC or the AM by higher authority.  Therefore, there is insufficient evidence to award him the SS with OLC or the AM or to add these awards to his DD Form 214.

3.  While the available evidence is insufficient for awarding him the SS with OLCor the AM, this in no way affects his right to pursue his claim for the SS with OLC and the AM by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.  Evidence of record shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  Evidence also shows he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the award of a silver service star for wear on his already-awarded Vietnam Service Medal.

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.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and

   b.  adding to item 24 of the applicant's DD Form 214 the Combat Medical Badge, Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.

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 the SS with OLC and the AM. 


      _______ _   __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)                                         AR20100013884





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ABCMR Record of Proceedings (cont)                                         AR20100013884



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