IN THE CASE OF:	  

		BOARD DATE:	  13 September 2011

		DOCKET NUMBER:  AR20110003385 


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 award of the Army Commendation Medal (ARCOM), Combat Infantryman Badge (CIB), and any other award to which he may be entitled to.

2.  The applicant states all of his awards were not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides:

* his two DD Forms 214 for the period ending 28 July 1967 and 27 April 1973
* General Orders Number 3619, issued by Headquarters, 1st Infantry Division, dated 21 May 1967, awarding him the BSM with "V" Device

4.  He also indicated he attached orders awarding him the ARCOM; however, no such orders were received with 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 enlisted in the Regular Army (RA) on 9 July 1965 for a period of 4 years.  He completed his training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 11 February 1966, the applicant departed Fort Polk, LA for duty in the Republic of Vietnam (RVN).

	a.  He served with the 2nd Battalion, 28th Infantry Regiment from 12 March 1966 to 1 March 1967 as a rifleman, machine gunner, and a squad leader.

	b.  On 25 December 1966, he was promoted to the rank/grade of sergeant (SGT)/E-5.

	c.  General Orders Number 404, issued by Headquarters, 1st Infantry Division, dated 21 January 1967, awarded him the BSM for meritorious service during the period 4 to 21 November 1966.

	d.  On 1 March 1967, the applicant departed the RVN for duty at Fort Hood, TX.

4.  General Orders Number 3619, dated 21 May 1967, awarded the applicant the BSM with "V" Device for heroism on 9 January 1967, in connection with military operations against a hostile force in the RVN.  He was cited for:

	a.  leading his squad on a search and destroy operation when engaged by a numerically superior and well fortified enemy force;

	b.  repeatedly exposing himself to hostile fire in order to effectively deploy his men;

	c.  completely disregarding his personal safety and led a counterassault and routed the insurgents from the area;

	d.  discovering a tunnel system, entering it with another Soldier, and capturing three of the enemy; and


	e.  confiscating valuable intelligence, material, food, and medical supplies.

5.  Official Orders Number 59, issued by the Armed Forces of the RVN, dated
8 June 1967, cited the applicant for award of the RVN Gallantry Cross with Bronze Star for his courageous actions during the period 5 to 20 November 1966.

6.  On 28 July 1967, the applicant was honorably discharged for the purpose of immediate reenlistment.  He completed 2 years and 20 days of active service during this period of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* RVN Campaign Medal with Device (1960)
* Purple Heart with Oak Leaf Cluster
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  On 29 July 1967, the applicant reenlisted for a period of 6 years.

8.  A letter from the Office of The Adjutant General, Washington, D.C. to the applicant, subject:  Vietnamese Awards - Gallantry Cross with Bronze Star, dated 3 May 1968, authorized him to accept and wear the RVN Gallantry Cross with Bronze Star that was awarded to him by the Government of the RVN.

9.  On 19 November 1968, the applicant was promoted to the rank/grade of staff sergeant (SSG)/E-6.

10.  On 27 April 1973, the applicant was honorably early released from active duty to serve 1 year in an Army National Guard (ARNG) or U.S. Army Reserve (USAR) unit.  He completed 5 years, 8 months, and 29 days of active service during this period of service.  He was subsequently transferred to an ARNG unit in Tennessee.  Item 24 of the DD Form 214 he was issued during this period shows the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)

11.  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 United States Army Human Resources Command, failed to reveal any orders for the ARCOM pertaining to the applicant.

12.  Army Regulation 600-8-22 (Military Awards):

	a.  states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	c.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

14.  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 2nd Battalion, 28th Infantry, the unit to which the applicant was assigned, was cited for award of the:


* RVN Vietnam Gallantry Cross with Palm Unit Citation for the period
12 July 1965 through 16 October 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970

15.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the ARCOM.  Should he have, or be able to obtain a copy of the orders awarding him the ARCOM, or be able to provide other corroborating evidence for this award, he may submit another application for consideration.

2.  The evidence shows he was awarded an infantry MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  Furthermore, he was decorated with a personal award for heroism on
9 January 1967 for his actions while engaged in active ground combat with the enemy.  Therefore, he should be awarded the CIB and his DD Form 214 should be corrected to show this award.

3.  General orders awarded him the BSM and the BSM "V" Device.  Therefore, his DD Form 214 should be corrected to show the BSM (2nd Award) and with
"V" Device.

4.  Records show that the applicant participated in two campaign phases during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show these bronze service stars.


5.  RVN official orders show the applicant was authorized to wear the RVN Gallantry Cross with Bronze Star, which was subsequently authorized by the appropriate authority for acceptance and wear of the decoration.  Therefore, his DD Form 214 should be corrected to show this foreign award.

6.  The applicant’s unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 Combat Infantryman Badge effective 9 January 1967, and

	b.  adding to item 24 of his DD Form 214 for the period ending 27 April 1973 the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Purple Heart (2nd Award)
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
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 Army Commendation Medal.



      _______ _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)                                         AR20110003385



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ABCMR Record of Proceedings (cont)                                         AR20110003385



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