BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110010430 


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, award of the Combat Infantryman Badge (CIB), Bronze Star Medal (BSM) with "V" Device, three additional awards of the Army Commendation Medal (ARCOM), and Korea Defense Service Medal (KDSM).   

2.  The applicant states, in effect:

* He never received several of the above awards
* He was under the impression that the above awards would follow him from Vietnam to his next duty station, Fort Bragg, NC
* He served in Vietnam from (July 1966 to July 1967)
* The day he left Vietnam his commanding officer told him he would receive the CIB, BSM with "V" Device, and an ARCOM
* He served in Korea from 1978 to 1979
* He is authorized two awards of the ARCOM for his service in Korea  

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 214 (Report of Separation from Active Duty)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 2-1 (Personnel 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.  His military records are not available for review.  However, this case is being considered using reconstructed records which primarily consists of the records provided by the applicant.

3.  His DD Form 214 for the period ending 14 June 1968 shows he enlisted in the Regular Army (RA) on 22 June 1965 for a period of 3 years.  His DA Form 
20 shows he was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman) and later MOS 12B (combat engineer).  He arrived in Vietnam on 26 July 1966.  He served with Company C, 70th Engineer Battalion in Vietnam from 1 August 1966 to 29 June 1967 in MOS 12B.  He served with Company C, 307th Engineer Battalion of the 82nd Airborne Division in Vietnam from 14 February 1968 to 7 June 1968 in MOS 12B.  On 14 June 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.    

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of His DD Form 214 for the period ending 14 June 1968 shows the:

* Parachutist Badge
* National Defense Service Medal (NDSM)
* Vietnam Service Medal
* Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960))
* Meritorious Unit Commendation (MUC) 



5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the BSM with "V" Device.

6.  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 award of the BSM with "V" Device or ARCOM.

7.  His DD Form 214 for the period ending 12 June 1974 shows he enlisted in the RA on 4 September 1968.  On 12 June 1974, he was honorably discharged for immediate reenlistment.

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 12 June 1974 shows the:

* NDSM
* Parachutist Badge
* Good Conduct Medal (1st Award)
* Republic of Vietnam [sic]

9.  His DD Form 214 for the period ending 30 November 1986 shows he reenlisted on 13 June 1974.  Item 5 (Oversea Service) of his DA Form 2-1 shows he served in Korea from 5 April 1978 to 27 March 1979 and in Germany from 
14 November 1983 to 11 December 1985.  He retired on 30 November 1986 in the rank of staff sergeant.

10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 30 November 1986 shows the:

* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar and Hand Grenade Bar
* Army Lapel Button
* Army Service Ribbon
* Overseas Service Ribbon
* Good Conduct Medal (6th Award)
* Army Achievement Medal (3rd Award)
* ARCOM (3rd Award)
* Drill Sergeant Badge
* Noncommissioned Officer Professional Development Ribbon
11.  There are no orders for the CIB, BSM with "V" Device, or ARCOM in the available records.

12.  Records show he participated in four campaigns during his assignments in Vietnam.

13.  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 70th Engineer Battalion, the unit to which the applicant was assigned, was cited for award of the:

* MUC for the period June 1966 to December 1966 by Department of the Army General Orders (DAGO) 17, dated 1968
* MUC for the period 4 December 1966 to 10 October 1967 by DAGO 42, dated 1969
  
14.  Department of the Army Pamphlet 672-3 also shows Company C, 307th Engineer Battalion was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971

15.  DAGO Number 8, 1974, announced award of the Republic of Vietnam 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.

16.  Army Regulation 600-8-22 (Military Awards) states the CIB 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 Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

17.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed award of the CIB to Army forces operating in South Vietnam.  This regulation stated the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the CIB was authorized for award to officers, enlisted personnel, and warrant officers who held an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

18.  Army Regulation 600-8-22 states the KDSM is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

19.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

20.  Title 10, U.S. Code, section 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.

21.  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:  Commander, 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he served as a combat engineer assigned to engineer battalions in Vietnam.  There is no evidence of record which shows he served as an infantryman in active ground combat while assigned to an infantry unit of brigade or smaller size in Vietnam.  Regrettably, there is insufficient evidence on which to base award of the CIB in this case.

2.  There are no orders for the BSM with "V" Device in the available records and the applicant did not provide any orders for the BSM with "V" Device.  Therefore, there is insufficient evidence on which to base award of this medal.  While the available evidence is insufficient for awarding the applicant the BSM with "V" Device, this in no way affects the applicant’s right to pursue his claim for the BSM with "V" Device by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  His DD Form 214 for the period ending 30 November 1986 shows three awards of the ARCOM but he contends he should have three additional awards of the ARCOM (one award for his service in Vietnam and two awards for his service in Korea).  Since there are no orders for the ARCOM in the available records, there is insufficient evidence on which to base any additional awards of the ARCOM.  While the available evidence is insufficient for awarding the applicant additional awards of the ARCOM, this in no way affects the applicant’s right to pursue his claim for three awards of the ARCOM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  He served a period of qualifying service for award of the KDSM.  His DD Form 214 for the period ending 30 November 1986 should be corrected to show this medal. 

5.  He participated in four campaigns during his service in Vietnam.  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 for the period ending 30 November 1986 to show these bronze service stars.

6.  His DD Form 214 for the period ending 14 June 1968 shows the MUC as an authorized award.  However, during his assignment to the 70th Engineer Battalion in Vietnam, his unit was cited for two awards of the MUC.  Therefore, his DD Form 214 for the period ending 30 November 1986 should be corrected to show these unit awards.

7.  During his assignment to the 307th Engineer Battalion in Vietnam, his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit.  His DD Form 214 for the period ending 30 November 1986 should be corrected to show this unit award.

8.  DAGO Number 8, 1974, announced award of the Republic of Vietnam 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.  His DD Form 214 should be corrected to show this unit award.

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 adding the KDSM, two awards of the MUC, one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to item 
13 of his DD Form 214 for the period ending 30 November 1986. 
 
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 CIB, BSM with "V" Device, or three additional awards of the ARCOM.  




      _______ _  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)                                         AR20110010430



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010430



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1