IN THE CASE OF:	  

		BOARD DATE:	    20 August 2013

		DOCKET NUMBER:  AR20130001767 


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 award of the Bronze Star Medal (BSM), Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), Presidential Unit Citation (PUC), Meritorious Unit Award (properly known as Meritorious Unit Commendation (MUC)), Republic of Vietnam Campaign Medal with "1960" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions First Class Unit Citation, and Combat Infantryman Badge (CIB).
   
2.  The applicant states the omission was a typographical error.

3.  The applicant provides his DD Form 214 and a list of awards and decorations.

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 on 7 July 1969. After completion of basic and advanced individual training, he was awarded military occupational specialty 11F (Infantry Operations and Intelligence).  Item 30 (Remarks) of his DD Form 214 shows he served in Vietnam from 1 July 1970 to 3 April 1971.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) he served in Vietnam with:

   (1)  C Company, 1st Battalion, 502d Infantry Regiment, during the period 17 to 28 July 1970;

   (2)  Headquarters and Headquarters Company, 1st Battalion, 502d Infantry Regiment, during the period 29 July 1970 to 11 October 1970; and 

   (3)  A Company, 426th Supply and Service Company, 101st Airborne Division during the period 12 October 1970 to 1 April 1971.

	b.  item 38 he received "excellent" ratings for conduct and efficiency for the majority of his assignments.

4.  On 5 April 1971, he was released from active duty after completing 1 year, 
8 months, and 29 days net service.  His DD Form 214 shows he was awarded or authorized the Vietnam Service Medal, National Defense Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and 
M-16).

5.  There is no evidence of any derogatory information that would have disqualified him from award of the AGCM.

6.  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 BSM, ARCOM, AGCM, or CIB pertaining to the applicant.

7.  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.  

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

   a.  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.

   b.  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.

   c.  the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 (USARV) Regulation 672-1 states 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.

   d.  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, participation credit was awarded for the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) campaign.

	e.  the PUC is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

	f.  the MUC is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 
1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.  

	g.  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.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 426th Supply and Service Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 1 March 1971 to 9 October 1971 in Department of the Army General Orders (DAGO) Number 6, dated 1974.

10.  Department of the Army Pamphlet 672-3 does not show that the 502d Infantry Regiment was awarded or authorized any awards or citations during the applicant's period of service in the Republic of Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders or other corroborating evidence in the applicant's record, ADCARS, Department of the Army Pamphlet 672-3, and the applicant did not provide sufficient evidence, that confirms he was awarded the BSM, ARCOM, PUC, MUC, and CIB.  Therefore, there is an insufficient evidentiary basis for granting his request.

2.  By regulation, in order to support award of the CIB there must be evidence not only that a member held and served in an infantry MOS while assigned to a qualifying infantry unit; the evidence must also show the member was personally present and participated with his qualifying infantry unit while the unit engaged in active ground combat with enemy forces.  The applicant held and served in MOS 11F while assigned to an infantry unit, but there is no evidence showing he was personally present and participated in active ground combat.  As such, he did not meet the minimum criterion for award of the CIB.  Therefore, there is no basis for granting this portion of his request.

3.  The available evidence confirms the applicant served in the Regular Army from 7 July 1969 to 5 April 1971.  His records show he received "excellent" or "unknown" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 7 July 1969 to 5 April 1971 and correct his DD Form 214 to show this medal.
4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  Records show the applicant participated in one campaign while serving in Vietnam.  Therefore, he is authorized to wear one bronze service star on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star.

6.  The applicant served in Vietnam during a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

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 
7 July 1969 to 5 April 1971 and 

   b.  adding the Army Good Conduct Medal (1st Award), one bronze service star on his already awarded Vietnam Service, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.



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 the BSM, ARCOM, PUC, MUC, and CIB.  



      __________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)                                         AR20130001767





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ABCMR Record of Proceedings (cont)                                         AR20130001767



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