IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20110006712 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Distinguished Service Cross, Bronze Star Medal with "V" Device, Purple Heart, and the Combat Infantryman Badge.

2.  The applicant states he was awarded the Distinguished Service Cross, Bronze Star Medal with "V" Device, and Purple Heart; however, the awards are not recorded on his separation document.  He adds that he was notified of the ceremony for the Distinguished Service Cross, but he was unable to attend.  He also notes he should have also been awarded the Combat Infantryman Badge.

3.  The applicant provides copies of award documents and his DD Form 214.

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 on 29 April 1966 for a period of
3 years.  He was awarded military occupational specialty (MOS) 05B (Radio Operator).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he deployed overseas to the Republic of Vietnam (RVN) on 28 July 1968;

	b.  item 38 (Record of Assignments) he:

* served as a radio operator in duty MOS 05B while was assigned to Special Operations Augmentation (Command and Control North),
5th Special Forces Group (Airborne), 1st Special Forces, from 31 July through 7 November 1968
* was a patient assigned to the Patient Casual Company, U.S. Army, Vietnam, from 8 November through 16 November 1968

	c.  item 39 (Campaigns) and item 40 (Wounds) are blank; and

	d.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge Pistol Bar 
(.45 caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  General Orders Number 2009, issued by Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 15 November 1968, awarded the applicant the Purple Heart for wounds received in action in the RVN on
30 October 1968.

5.  A DA Form 638 (Recommendation for Award), dated 27 February 1969, shows the applicant was recommended for award of the Medal of Honor for actions in the RVN on 30-31 October 1968.

6.  General Orders Number 232, issued by Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 24 February 1969, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations in the RVN on 30-31 October 1968.  The citation shows the applicant was acting as assistant patrol leader of a 6-man reconnaissance team when the team was attacked by an estimated 40-man enemy platoon.  After the team leader and one other member of the team were severely wounded, the applicant took command of the team, rallied the men, and they repulsed the enemy with heavy losses on three separate occasions.  Although all of the remaining members of the team were wounded during the battle, the team was extracted without loss of life.

7.  General Orders Number 1299, issued by Headquarters, U.S. Army Vietnam (USARV), dated 13 April 1969, awarded the applicant the Distinguished Service Cross for heroism in connection with military operations in the RVN on 30-31 October 1968.  The citation is similar to the citation for the applicant's award of the Bronze Star Medal with "V" Device.

8.  Office of The Adjutant General, Washington, DC, letter, dated 13 June 1969, subject:  Distinguished Service Cross, forwarded award elements for the Distinguished Service Cross to the Commanding General, Sixth U.S. Army, Presidio of San Francisco, CA, for presentation to the applicant.  A memorandum for record on the letter shows the applicant was being considered for the Medal of Honor and the Distinguished Service Cross could be presented as a possible interim award.

9.  Office of The Adjutant General, Washington, DC, letter, dated 22 July 1969, subject:  Recommendation for Award, notified the Commander in Chief, U.S. Army, Pacific, that the recommendation for award of the Medal of Honor to the applicant for actions on 30-31 October 1968 received careful evaluation; however, it was not favorably considered.  It was concluded that the Distinguished Service Cross, awarded to the applicant as an interim award, was the appropriate recognition.

10.  Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, letter, subject:  Revocation of Distinguished Service Cross to Sergeant [Applicant's Name and Serial Number] notified The Adjutant General that a letter was received from a noncommissioned officer who was the team leader and only other American on the mission for which the applicant received his award.  As a result, an investigation was initiated into the award recommendation and the command recommended that the award of the Distinguished Service Cross to the applicant be revoked.

11.  General Orders Number 1037, issued by Headquarters, USARV, dated
16 May 1972, revoked General Orders Number 1299, dated 13 April 1969, pertaining to award of the Distinguished Service Cross to the applicant.

12.  The applicant's DD Form 214 shows he was honorably released from active duty on 27 December 1968 and he transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

	a.  He had completed 2 years, 7 months, and 29 days of net active service, including 3 months and 17 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)
* Vietnam Service Medal
* Parachutist Badge
* Republic of Vietnam Parachutist Badge

13.  A review of The Adjutant General's Office, Casualty Division's Vietnam Casualty Roster shows the applicant's name is listed as a casualty on
30 October 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

14.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge.

15.  In support of his application, the applicant provides the following documents:

	a.  Headquarters, USARV, letter, dated 26 April 1969, Subject:  Authorization for Individual Foreign Award, that shows the applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star for his actions on 30 October 1968.

	b.  Headquarters, 9th Infantry Division, Fort Lewis, WA, letter, dated
27 October 1972, that shows the assistant adjutant wrote to the applicant that the Distinguished Service Cross award elements were returned to the Department of the Army, Awards Branch, on 19 August 1971.

	c.  A self-authored letter to Congressman Rod Chandler, undated, in which the applicant requested his assistance in obtaining the Distinguished Service Cross award elements.

	d.  A National Personnel Records Center (NPRC), Military Personnel Records, St. Louis, MO, letter, dated 16 June 2010, that shows an archives technician wrote to the applicant informing him that "no record has been found to show that you are authorized the CIB [Combat Infantryman Badge] or Purple Heart medals."  She added, if the applicant felt an error or injustice had occurred, he could submit an application to this Board.

	e.  U.S. National Archive and Records Administration (NARA), Awards and Decorations System, data record, printed 25 June 2010, that shows:

		(1)  on 25 April 1969, the applicant was recommended for award of the Medal of Honor for actions on 31 October 1968.

		(2)  on 17 [May] 1969, the Military Assistance Command, Vietnam recommended downgrade of the award to a Distinguished Service Cross.

		(3)  There is no indication on the document that the award was approved or presented to the applicant.

16.  Review of the applicant's military personnel record reveals he may be authorized additional awards that are not shown on his DD Form 214.

17.  Special Orders Number 28, issued by Headquarters, 6th Special Forces Group (Airborne), 1st Special Forces, Fort Bragg, NC, dated 8 February 1968, awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

18.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  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 Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

19.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for six months or more.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service, but were wounded as a result of hostile action are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

	a.  This pamphlet shows that at the time of the applicant's assignment to Headquarters and Headquarters Company, Special Operations Augmentation (Command and Control North), 5th Special Forces Group (Airborne), the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1968 through 24 September 1970 by Department of the Army General Orders (DAGO Number 48, dated 1971.

	b.  Paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, USARV, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

21.  Army Regulation 600-8-22, chapter 1 (Introduction), paragraph 1-19, provides that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

	a.  Paragraph 3-8 states the Distinguished Service Cross is awarded to a person, who while serving in any capacity with the Army, distinguishes himself or herself by extraordinary heroism while engaged in action against an enemy of the United States not justifying award of the Medal of Honor.  The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Chapter 8 (Badges and Tabs, U.S. Origin), paragraph 8-6, states the Combat Infantryman Badge is awarded to infantry officers and to enlisted Soldiers 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.

		(1)  USARV Regulation 672-1 (Awards and Decorations), Appendix V, 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.

		(2)  Annex A, Appendix 3, of this regulation listed advisor positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Distinguished Service Cross, Bronze Star Medal with "V" Device, Purple Heart, and the Combat Infantryman Badge.

2.  The applicant's claim to the Distinguished Service Cross was carefully considered.  The evidence of record shows:

	a.  general orders awarded the applicant the Bronze Star Medal with "V" Device for his actions on 30-31 October 1968;

	b.  a recommendation for award of the Medal of Honor for actions on
30-31 October 1968 was submitted, the award recommendation was downgraded to the Distinguished Service Cross, and general orders were published announcing this award;

	c.  the award was never presented to the applicant;

	d.  general orders revoked award of the Distinguished Service Cross; and

	e.  the Military Awards regulation clearly states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

3.  The evidence of record shows that for award of personal decorations, announcement of the award in orders is required.  Therefore, in view of the foregoing, the evidence of record does not support the applicant's claim to the Distinguished Service Cross.

4.  The applicant's claim to the Combat Infantryman Badge was carefully considered.  The evidence of record shows the applicant:

	a.  held MOS 05B and performed as a radio operator in the RVN while assigned to Headquarters and Headquarters Company, Special Operations Augmentation (Command and Control North), 5th Special Forces Group (Airborne), 1st Special Forces;

	b.  accompanied an infantry-type unit on tactical operations;

	c.  was awarded the Bronze Star Medal with "V" Device for heroism in action on 30-31 October 1968; and

	d.  was wounded in action against a hostile force in the RVN on 30 October 1968 and awarded the Purple Heart.

5.  Therefore, based on his satisfactory performance of duty against an active hostile ground force in the Republic of Vietnam while assigned to Headquarters and Headquarters Company, Special Operations Augmentation (Command and Control North), 5th Special Forces Group (Airborne), 1st Special Forces, during the period 31 July to 31 October 1968, he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this award.

6.  The evidence of record shows:

	a.  General orders awarded the applicant the Bronze Star Medal with "V" Device for heroism in the RVN on 30-31 October 1968.

	b.  General orders awarded the applicant the Purple Heart for wounds received in action in the RVN on 30 October 1968.


	c.  The applicant participated in two campaign phases during his service in Vietnam.  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.

   d.  The applicant qualified for award of the Republic of Vietnam Campaign Medal with Device (1960).

	e.  The applicant was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star for his actions on 30 October 1968.

	f.  General orders awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.

	g.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service.

	h.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle.

7.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his authorized awards, 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Combat Infantryman Badge for the period 31 July to
31 October 1968; and
	c.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Purple Heart
* 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
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

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 adding the Distinguished Service Cross to his DD Form 214.



      _______ _  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)                                         AR20110006712



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ABCMR Record of Proceedings (cont)                                         AR20110006712



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