IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110003022 


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 following:

* Bronze Star Medal (BSM)
* Combat Infantryman Badge (CIB)
* Combat Engineer Badge [correctly known as the Sapper Tab]
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Any additional awards and decorations to which he is entitled

2.  He states, in effect, he records do not include all of the numerous unit and personal awards and decorations he should have received in recognition of his service in the RVN.  He wants his record to be corrected to accurately reflect all of those awards and decorations and further requests that they be sent to him.

3.  He does not provide any additional evidence.

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 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.  His record shows he was inducted into the Army of the United States (AUS) on 19 May 1969.  He was honorably discharged from the AUS on 22 October 1969 for the purpose of immediate enlistment in the Regular Army on 23 October 1969.  On 27 April 1972, he was released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his remaining service obligation.  At the time of his REFRAD he had served 2 years, 11 months, and 9 days of total active service.  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows the following pertinent information:

	a.  Item 22 (Military Occupational Specialties (MOS) shows he was awarded MOS 62M (Loader Operator) on 5 May 1970 and MOS 12B (Combat Engineer) on 20 August 1970.

	b.  Item 27 (Military Education) shows he completed the 8-week Pioneer Course for MOS 12A at Fort Leonard Wood, MO in 1969.

	c.  Item 31 (Foreign Service) shows he served in the RVN from 9 April 1970 to 10 November 1971.

	d.  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN he served as a 62M performing duty as a Loader Operator in the 584th Engineer Company (Light Equipment) from 21 April 1970 to 3 August 1971.  He also served in Company C, 554th Engineer Battalion (Combat) from 4 August to 7 November 1971 as a Loader Operator.  Item 38 also shows he received conduct and efficiency ratings of "Excellent" for all of his duty assignments.

	e.  Item 41 (Awards and Decorations) shows award or authorization for the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal




4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 show the following awards:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  Item 25 (Education and Training Completed) of his DD Form 214 shows he completed Basic Combat Training and the Pioneer course.

6.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing that he ever performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size or that he ever held an infantry MOS.

7.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing that he was ever awarded or recommended for award of the:

* BSM
* CIB
* Sapper Tab

8.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 23 October 1969 through 27 April 1972.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.

9.  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 any orders for the BSM.

10.  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.  

11.  Army Regulation 600-8-22 states the Combat Infantryman Badge 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations) states 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.

12.  Army Regulation 600-8-22 states the Sapper Tab was established on 28 June 2004.  The basic eligibility criteria are successful completion of all graduation requirements and a graduation certificate from a Sapper Leader Course conducted by the U.S. Army Engineer School.  The Sapper Tab may be awarded retroactively to any person who successfully completed all graduation requirements and received a graduation certificate from the Sapper Leaders Course on or after 14 June 1985.

13.  Army Regulation 600-8-22, paragraph 2-13, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1July 1971 - 30 November 1971)

14.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

15.  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 the unit to which the applicant was assigned was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 May 1970 to 30 April 1971 by DAGO Number 6, dated 1974.

16.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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 enlisted person must have had all "excellent" conduct and efficiency ratings.

17.  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.

18.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  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 contentions that he should be awarded the BSM, CIB, Sapper Tab, RVN Gallantry Cross with Palm Unit Citation, and any additional awards and decorations to which he is entitled were carefully considered and determined to have partial merit.

2.  Records show the applicant participated in four campaigns while serving in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

3.  DAGOs awarded his Vietnam unit the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation for actions during his tenure.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The evidence of record confirms he served honorably on active duty during the period 23 October 1969 through 27 April 1972.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal for this period of service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal for the period 19 May 1969 through 27 April 1972 and to correct his DD Form 214 to show this award.

5.  The applicant's available record is void of any orders or other documents indicating he was recommended for or awarded the BSM, CIB, or Sapper Tab by proper authority while serving on active duty.

6.  While the available evidence is insufficient for awarding the applicant a BSM, this in no way affects his right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

7.  By regulation, in order to support award of the CIB, there must be evidence that a member held in an infantry MOS, while assigned to an infantry unit, and that the individual was present and participated with the unit while it was engaged in active ground combat with enemy forces.  The applicant's record is void of any evidence that shows he fulfilled any of these criteria.  Accordingly, the available evidence does not support award of the CIB in this case.

8.  The Sapper Tab was established on 28 June 2004.  The basic eligibility criteria are successful completion of all graduation requirements and a graduation certificate from a Sapper Leader Course conducted by the U.S. Army Engineer School.  The Sapper Tab may be awarded retroactively to any person who successfully completed all graduation requirements and received a graduation certificate from the Sapper Leaders Course on or after 14 June 1985.
The applicant's record is void of any evidence that shows he fulfilled any of these criteria.  Accordingly, the available evidence does not support award of the Sapper Tab in this case.

9.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.
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 Army Good Conduct Medal (1st Award) for the period 19 May 1969 through 27 April 1972;

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

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the 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 award of the Bronze Star Medal, the Combat Infantryman Badge, and the Sapper Tab.



      _________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)                                         AR20110003022





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ABCMR Record of Proceedings (cont)                                         AR20110003022



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