IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20110024785 


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:

	a.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add award of the Combat Infantryman Badge (CIB) and a second award of the Army Commendation Medal (ARCOM) and

	b.  an upgrade of the ARCOM he received for meritorious service to the Bronze Star Medal (BSM).

2.  The applicant states:

	a.  He recently noticed his DD Form 214 is missing two medals.  He was issued the CIB and ARCOM when he left Vietnam in December 1970.

	b.  He feels it was unjust to award him the ARCOM for meritorious service and believes it should have been a BSM.

	c.  He is a ground-combat veteran and a Purple Heart recipient.  His military occupational specialty (MOS) was 11B (light weapons infantryman) and he was assigned to Company A, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division, in Vietnam.  On 3 June 1970, he was wounded in action by a booby trap and he was awarded the Purple Heart.  In June, he received the ARCOM with "V" Device for heroism.  During his year in Vietnam he took part in at least 15 firefights and he received an Air Medal (AM) for flying in over 20 combat assaults by helicopter.

	d.  In the last few days before leaving Vietnam he learned he would receive an ARCOM for meritorious service instead of the BSM like most of his peers received.  The captain told him that he would receive the ARCOM instead of the BSM because he thought the applicant took too much time returning to the field after being wounded.  His doctor held him back until he was fully recovered physically.  He went back to the field after being cleared to do so by the doctor and he continued fighting from June to November.
 
3.  The applicant provides:

* DD Form 214
* photograph of Soldiers

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 11 August 1969 for a period of 2 years.  He completed his training and was awarded MOS 11B.  He arrived in Vietnam on 13 January 1970.  He served in MOS 11B while assigned to Company A, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division, in Vietnam from 30 January 1970 to 8 December 1970.  On 4 June 1971, he was honorably released from active duty in the rank of sergeant after completing 1 year, 9 months, and 24 days of creditable active service with no lost time.

3.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 17685, dated 30 September 1970, show he was awarded the ARCOM with "V" Device for heroism in sustained combat operations in the Republic of Vietnam from 23 to 25 June 1970 in Vietnam.

4.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 20698, dated 28 November 1970, show he was awarded the ARCOM for meritorious service in Vietnam during the period January 1970 to January 1971.

5.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* AM
* ARCOM with "V" Device
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  There are no orders for the BSM in the available records.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

8.  Records show he participated in three campaigns during his service in Vietnam.

9.  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, 12th Cavalry, was cited for award of the:

* Valorous Unit Award for actions during the period 1 May to 29 June 1970 in Department of the Army General Orders (DAGO) 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 in DAGO 11, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 in DAGO 42, dated 1972

10.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

11.  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.  

12.  Army Regulation 600-8-22 states the BSM 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 in 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.

13.  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 the 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 a court-martial.

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

15.  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.

16.  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 applicant contends he was awarded the CIB when he left Vietnam in December 1970.  Although there are no orders for the CIB in the available records, the evidence shows he served as an infantryman while assigned to Company A, 2nd Battalion, 12th Cavalry Regiment, in Vietnam.  In addition, he was wounded in action and was awarded the ARCOM with "V" Device for heroism.  Therefore, there is sufficient evidence on which to base adding the CIB to his DD Form 214.

2.  His DD Form 214 shows the ARCOM with "V" Device.  However, orders show he received two awards of the ARCOM, one for meritorious service.  Therefore, his DD Form 214 should be corrected to show the ARCOM (2nd Award) and "V" Device.

3.  His request to upgrade his ARCOM for meritorious service to the BSM was noted.  However, based upon his application, the evidence of record, and accompanying supporting documents he submitted, it does not appear that he was recommended for award of the BSM.  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 Title 10, U.S. Code, section 1130.  If his request is subsequently denied by the U.S. Army Human Resources Command, he may reapply to the ABCMR.

4.  He was honorably released from active duty in the rank of sergeant with nearly 20 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 11 August 1969 through 4 June 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  He participated in three campaigns during his service in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this award.

6.  His unit in Vietnam unit was cited for award of the Valorous Unit Award during his period of assignment.  His DD Form 214 should be corrected to show this unit award.

7.  His unit was also cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both 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 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 11 August 1969 through 4 June 1971,

	b.  deleting the ARCOM with "V" Device and VSM from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* CIB
* ARCOM (2nd Award) and "V" Device
* Army Good Conduct Medal (1st Award)
* VSM with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
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 upgrading his ARCOM to the BSM.



      ____________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)                                         AR20110024785



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024785



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1