IN THE CASE OF:	  

		BOARD DATE:	    1 March 2012

		DOCKET NUMBER:  AR20110017935


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 two awards of the Army Commendation Medal (ARCOM), one for service and one for valor, and the Combat Medical Badge (CMB).

2.  The applicant states he has supporting evidence to show he served in combat as a medic in the Republic of Vietnam.

3.  The applicant provides his DD Form 214 and General Orders Number 7177, Headquarters, Americal Division, Republic of Vietnam, dated 28 July 1969.

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 was inducted into the Army of the United States for a 2-year term on 14 March 1968.  He completed training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman).  On 13 February 1969, he was awarded MOS 91B (Medical Specialist).  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

3.  Item 31 (Foreign Service) and item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) show he served in the Republic of Vietnam from 3 September 1968 to 13 October 1969.  During this period he was assigned to 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade, Americal Division.

4.  Item 38 of his DA Form 20 shows he consistently received "excellent" conduct and efficiency ratings throughout his service.

5.  General Orders Number 7177, Headquarters, Americal Division, dated 28 July 1969, awarded him the ARCOM with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 12 May 1969.  The orders contain the following citation:

For heroism in connection with military operations against a hostile force in the Republic of Vietnam.  [Applicant] distinguished himself by valorous actions on 12 May 1969 while serving as a medic with Company D, 5th Battalion, 46th Infantry.  On that date, Landing Zone Gator came under an intense mortar, small arms, and enemy sapper attack and sustained several casualties.  With complete disregard for his personal safety, [Applicant] moved into the hostile zone and began treating his injured comrades.  Despite the enemy barrage impacting all around him, [Applicant], observing a seriously wounded officer, moved to the man, administered first aid, and carried him to an area for evacuation.  His timely and courageous actions were instrumental in saving the lives of several of his comrades.  [Applicant's] personal heroism and devotion to duty are in keeping with the highest traditions of the military service and reflect great credit upon himself, the Americal Division, and the U.S. Army.

6.  On 16 October 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 1 year, 7 months, and 3 days of total active service, including 1 year, 1 month, and 13 days of foreign service.


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

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* two overseas service bars

8.  His record is void of orders or other substantiating documentation that shows he was awarded a second ARCOM or the CMB.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System, 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 ARCOM or the CMB.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Chapter 3 contains guidance for award of individual decorations, including the ARCOM.  It 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.  Chapter 8 contains guidance for award of combat and special skill badges. 
It states the CMB is awarded to members of the Army Medical Department assigned or attached to an infantry unit of brigade, regimental, or smaller size or to a medical unit of company or smaller size organic to an infantry unit of brigade, regimental, or smaller size during any period the infantry unit is engaged in actual ground combat on or after 6 December 1941.  Battle participation credit alone is not sufficient; the infantry unit must have been in contact with the enemy.

11.  U.S. Army, Vietnam (USARV) Regulation 672-1 (Decorations and Awards), Appendix V (CIB Guidance), in effect at the time, provided policy and guidance relative to the CIB.  It states, in pertinent part, that only one award of the CIB may be awarded for service in the Republic of Vietnam, Laos, or the Dominican Republic, regardless of whether an individual has served one or more tours in one or more of these areas.  It further states that if the CIB has been awarded for service in these areas, the CMB may not be authorized (emphasis added).

12.  A review of his record indicates he is entitled to additional awards which are not shown on his DD Form 214.

13.  There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal; however, neither is there evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  

14.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  

15.  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.  There must have been no convictions by court-martial.

16.  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 he was assigned, the 5th Battalion, 46th Infantry Regiment, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 24 August 1969 to 31 December 1969, by Department of the Army General Orders Number 11, dated 1973.

17.  Army Regulation 600-8-22 states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969 – 8 June 1969)
* Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969)
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show two awards of the ARCOM and the CMB was carefully considered.

2.  General orders awarded him the ARCOM with "V" Device for heroism in combat on 12 May 1969, which is not shown on his DD Form 214.  The evidence of record fails to establish his award of a second ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show a single award of the ARCOM, with "V" Device.

3.  He served honorably from 14 March 1968 through 16 October 1969.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his service and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service.  There is no evidence of a commander's disqualification statement pertaining to his first award of the Army Good Conduct Medal; therefore, he should be awarded the Army Good Conduct Medal (1st Award), for the period 14 March 1968 through           16 October 1969, and his DD Form 214 should be corrected to show this award.

4.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The evidence of record shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

6.  His record is void of orders or other substantiating documentation that shows he was previously awarded the CMB; however, the orders awarding him the ARCOM with "V" Device appear to substantiate his entitlement to the CMB.  Unfortunately, the evidence of record shows he was previously awarded the CIB during the same period of service in the Republic of Vietnam.  The governing regulation at the time, USARV Regulation 672-1, clearly stipulated that previous CIB award recipients were not eligible for the CMB (for actions during the same period of service).  Accordingly, he is not eligible for the CMB at this time.

7.  While the applicant may be entitled to award of the CMB, the Board's decision to grant relief could only be predicated on the applicant's request for the removal of the CIB from his official record.  Should the applicant desire, he may request the Board's future reconsideration of his request for the CMB, provided he concurs to the removal of the CIB from his record.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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  14 March 1968 through 16 October 1969; and

b. amending item 24 of his DD Form 214 to add the:

* ARCOM with "V" Device
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal

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 award of the ARCOM and the CMB.



      _______ _   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)                                         AR20100000695



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017935



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1