IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100022262 


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 a second award of the Combat Infantryman Badge (CIB) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC).

2.  The applicant states:

a. he served two full combat tours in the Vietnam and held military
occupational specialty (MOS) 11D;	

b. he was not awarded a second CIB; and

c. all units subordinate to the Military Assistance Command (MACV) serving
in Vietnam during the period 8 February to 28 March 1973 and United States Army Vietnam and its subordinate units serving during the period 20 July 1965 to 28 March 1973 were awarded the RVNGC.

3.  The applicant provides no additional documents.


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 record shows he enlisted in the Regular Army on 22 March 1969.  He was trained in and served in MOS 11D (Armor Reconnaissance Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served two tours in the Republic of in Vietnam (RVN) from 12 June 1970 to 3 May 1971 and from 21 January to 14 December 1972.  Item 38 (Record of Assignments)
shows he received "excellent" conduct and efficiency ratings at each of his active duty assignments and his official military personnel file (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.

4.  The applicant's OMPF is void of any orders or documents that indicate he was ever recommended for or awarded a second CIB while serving in the RVN.

5.  On 29 November 1972, the applicant was honorably released from active duty in the rank/grade of sergeant/E-5 after completing 2 years, 11 months, and 8 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* RVN Campaign Medal

6.  His OMPF contains a DD Form 215 (Correction to DD Form 214) prepared on 29 June 1990.  It shows the applicant was awarded the Bronze Star Medal and added it to his DD Form 214.
7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of Army Regulation 600-8-22 contains the regulatory guidance on the VSM.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive, Phase VII
* DA Sanctuary Counteroffensive
* Consolidation II
* Vietnam CEASE-FIRE

8.  Army Regulation 600-8-22 contains guidance on badges and tabs of U.S. origin.  Paragraph 8-6 contains guidance on the CIB criteria and requires that the member was an infantryman satisfactorily performing infantry duties; that he was assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and that he was present with his qualifying infantry unit and actively participated in such ground combat.  Service in the RVN is recognized by one award only regardless of whether a Soldier has served one or multiple tours.

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

10.  Department of the Army General Orders Number 8, dated 1974, authorized award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN between 8 February 1962 and 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded a second CIB and the RVNGC.

2.  The evidence of record confirms that based on his RVN service and campaign participation, he is entitled to the RVN Gallantry Cross with Palm Unit Citation and four bronze service stars for wear with his VSM.  Thus, it would be appropriate to add these awards to his record at this time.

3.  The applicant's DA Form 20 confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  As a result, he should be awarded the AGCM and it should be added to his record and DD Form 214.

4.  The evidence of record confirms the applicant served two tours in the RVN and he was awarded one CIB which is currently documented in his OMPF and on his DD Form 214.  By regulation, service in the RVN is recognized by one award only regardless of whether a Soldier has served one or multiple tours in that area.  As a result, he is not entitled to a second CIB.

5.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 AGCM for his qualifying period of honorable active duty service from 22 December 1969 through 29 November 1972;

	b.  amending item 24 of his DD Form 214 by deleting the VSM and adding the AGCM, VSM with four bronze service stars, and RVN Gallantry Cross with Palm Unit Citation; and

	c.  issuing a correction to his DD Form 214 to reflect these awards.


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 a second CIB.




      _______ _   __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)                                         AR20100022262





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ABCMR Record of Proceedings (cont)                                         AR20100022262



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