IN THE CASE OF:	  

		BOARD DATE:	  31 December 2013

		DOCKET NUMBER:  AR20130003405 


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 (Certificate of Release or Discharge from Active Duty), for the period ending 31 August 1993, as follows:

   a. Amend item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add the Combat Infantryman Badge (CIB), an additional award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Korea Presidential Unit Citation.

b. Amend item 14 (Military Education) to add the:

* Intermediate Speed Radio Operator Course (ISROC) (1963)
* Army Recruiter and Career Counselor (ARCC) Course (1967)
* Infantry Pre-Commission Course (1973)
* Management Practices in Table of Organization & Equipment (TO&E) Organizations Course (1973)
* Infantry Senior Noncommissioned Officer (NCO) Career Development Course (1974)
* Explosive Ordnance Disposal (EOD) Course, Phase I (1974)
* Basic Airborne Course (1976)
* Armor Officer Basic Course (1977)
* Jumpmaster Course (1979)
* Air Assault Course (1979)
* U.S. Army John F. Kennedy Special Warfare Center (USAJFKSWC) Reserve Component Officer Qualification Course, Phases I and III (1984)

2.  The applicant states:

* he recently came across several Army Board for Correction of Military Records (ABCMR) decisions in which the Board awarded the CIB to Soldiers who served in military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist during the Vietnam War
* he served in Troop B, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division (Airmobile), in the Republic of Vietnam, from September 1966 to September 1967
* the CIB was awarded throughout the squadron to Soldiers in MOS 11D
* he was initially assigned in MOS 05B (Intermediate Speed Radio Operator), was promoted to MOS 05C (Radio Teletype Operator), and later reclassified into MOS 11D in April 1967
* he served as the Troop Liaison NCO and in July 1967, he was assigned as an Aero Scout, where he participated in air and ground combat
* he was attached to 3rd Brigade, 25th Infantry Division during part of his tour in the Republic of Vietnam
* since the 3rd Brigade, 25th Infantry Division was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, he should be authorized an additional award, which is not reflected on his DD Form 214
* on 1 October 2011, the 2nd Infantry Division in the Republic of Korea was awarded the Republic of Korea Presidential Unit Citation
* he was assigned to the 2nd Infantry Division in the Republic of Korea from 1972 to 1973, so he would like his records corrected to show he is authorized this award
* he would like his DD Form 214 corrected to show his military education that is not listed 

3.  The applicant provides:

* General Orders Number 48, issued by Headquarters, Department of the Army (HQDA) on 14 October 1971
* General Orders Number 8, issued by HQDA on 19 March 1974
* a Letter of Appreciation from the commander, 3rd Brigade, 25th Infantry Division, to the commander, Troop B, 1st Squadron, 9th Cavalry Regiment, dated 20 June 1967, with a corresponding endorsement from the commander of the 25th Infantry Division
* an extract from the "Indian Head," a publication serving Soldiers of the 2nd Infantry Division, dated 28 October 2011
* an extract of his DA Form 2-1 (Personnel Qualification Record, Part II)
* Orders 085-176, issued by Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC on 26 March1993
* DD Form 214, with continuation page
* DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 4 August 2004 and 23 April 2012

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 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 requested correction of his DD Form 214 to show he completed the EOD Course, Phase I; the Jumpmaster Course; and the Air Assault Course.  His DD Form 214 for the period ending 31 August 1993 shows he completed those courses; therefore, this portion of his request will not be discussed further in these Proceedings. 

3.  The applicant is a retired sergeant major (SGM) who was issued multiple separation documents throughout his military service.  

4.  On 31 May 1963, after previous service in the Colorado Army National Guard, the applicant enlisted in the Regular Army.  He completed his initial entry training, was awarded MOS 051.1 (Intermediate Speed Radio Operator, later designated as MOS 05B).

5.  He was honorably released from active duty on 12 May 1966 and was transferred to the U.S. Army Reserve (USAR).  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service did not list the CIB or any awards but listed completion of the 10-week ISROC at Fort Jackson, SC, in 1963.

6.  On 10 August 1966, he again enlisted in the Regular Army.  He served in Vietnam from on or about 9 September 1966 to on or about 9 September 1967.  

7.  He was honorably discharged on 9 August 1969 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service did not list the CIB.  This form listed completion of the 3-week ARCC Course at the U.S. Army Adjutant General School, in 1967.

8.  He reenlisted in the Regular Army on 10 August 1969.  He was honorably discharged on 14 May 1975 for the purpose of immediate reenlistment in the Regular Army.  His DD Form 214 (Report of Separation and Record of Service) for this period of service did not list the CIB.  Additionally, the version of the     DD Form 214 in effect at the time did not require an entry for military education.

9.  His contemporaneous DA Form 20 (Enlisted Qualification Record) provides the following information:

   a. Item 22 (MOS) shows that after his initial award of MOS 05B, which it appears he was awarded on or about 10 November 1963, he was awarded MOS 05C upon his promotion to sergeant (SGT), effective 22 October 1966, and he was awarded and reclassified into MOS 11D, on or about 18 April 1967.

   b. Item 27 (Military Education) shows he completed the:

* ISROC, in a resident status, 10 weeks, 1963
* ARCC Course, in a resident status, 5 weeks, 1967
* Infantry Pre-Commission Correspondence Course, in a non-resident status (correspondence course (EXT)), 1973 

   c. Item 31 (Foreign Service) shows he served in the Republic of Vietnam from on or about 10 September 1966 through on or about 9 September 1967, and he served in the Republic of Korea from on or about 3 October 1972 through on or about 21 September 1973.

   d. Item 38 (Record of Assignments) shows that during his service in the Republic of Vietnam he was assigned Troop B, 1st Squadron, 9th Cavalry Regiment, 1st Cavalry Division (Airmobile).

* he served in MOS 05B from on or about 10 September 1966 through on or about 21 October 1966
* he served in MOS 05C from on or about 22 October 1966 through on or about 29 April 1967
* he served in MOS 11D from on or about 30 April 1967 through on or about 7 September 1967  

   e. Item 38 further shows that during his service in the Republic of Korea he was assigned to Headquarters and Headquarters Company, 1st Battalion, 9th Infantry Regiment, 2nd Infantry Division.

10.  He reenlisted in the Regular Army on 15 May 1975.  He was honorably discharged on 16 April 1978 for the purpose of immediate reenlistment.  His     DD Form 214 for this period of service did not list the CIB.  Additionally, the version of the DD Form 214 in effect at the time did not require an entry for military education.

11.  He reenlisted in the Regular Army on 17 April 1978.  He served through multiple reenlistments in a variety of assignments and on 1 July 1987, he was promoted to the rank/grade of SGM/E-9.

12.  Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214.  

13.  On 31 August 1993, he was honorably retired from the Army, and was placed on the Retired List in his retired rank/grade of SGM/E-9, at the conclusion of 30 years and 3 days of service.  His DD Form 214 shows:

   a. Item 13 (with continued entries in item 18 (Remarks) and on a continuation page) shows he was awarded the following awards for his service in the Republic of Vietnam:

* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Cross of Gallantry with bronze star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 

   b. Item 13 (with continued entries in item 18) does not show he was awarded or authorized the CIB, an additional award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, or the Republic of Korea Presidential Unit Citation.

   c. Item 14 does not show he completed any of the military education courses he cited in his request, with the exception of those previously discussed at paragraph 2 above.

14.  On 4 August 2004, a DD Form 215 was completed, which corrected his      DD Form 214, for the period ending 31 August 1993, by adding the Korea Defense Service Medal and the Kuwait Liberation Medal (Government of Kuwait).

15.  On 23 April 2012, another DD Form 215 was completed to correct his         DD Form 214; however, this correction did not pertain to item 13 or item 14.

16.  Item 17 (Civilian Education and Military Schools) and item 28 (Item Continuation) of his contemporaneous DA Form 2-1 (Personnel Qualification Record, Part II) show he completed the following military education courses:

* ISROC, 10 weeks, 1963
* ARCC Course, 3 weeks, 1967
* Infantry Pre-Commission Course, EXT, 1973
* Management Practices in TO&E Organizations, 2 weeks, 1973
* Infantry Senior NCO Career Development Course, EXT, 1974
* Basic Airborne Course, 3 weeks, 1976
* Armor Officer Basic Course, EXT, 1977
* Reserve Component Officer Qualification Course, Phases I and III, EXT, 1984

17.  His Army Military Human Resource Record (AMHRR), previously referred to as the Official Military Personnel File (OMPF), contains numerous training certificates and diplomas that show he completed the:

* ARCC Course, under the auspices of the U.S. Army Adjutant General School, Fort Benjamin Harrison, IN, from 5 November through                 24 November 1967
* Army Pre-Commission Correspondence Course, under the auspices of the U.S. Army Infantry School (USAIS), Fort Benning, GA, through correspondence studies in 1973 
* Infantry Senior NCO Career Development Correspondence Course, under the auspices of the USAIS, through correspondence studies in 1974
* Airborne Course, under the auspices of the USAIS, on 14 October 1976
* Armor Officer Basic Correspondence Course, under the auspices of the Army Institute for Professional Development, through correspondence studies in 1977  
18.  Neither his AMHRR, nor his DA Form 201 (Military Personnel Records Jacket (MPRJ)), contains any documentation that shows he was previously awarded the CIB.  

19.  Neither his AMHRR, nor his MPRJ, contains any documentation (i.e., morning reports, sworn/witness statements, after-action-reviews, etc.) that shows he was engaged in ground combat with the enemy during his period of service in the Republic of Vietnam, or that shows he was assigned to an infantry unit of brigade or smaller size, or that shows he was assigned to an infantry squad or platoon within a cavalry squadron or regiment.

20.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders and/or special orders issued during the Vietnam era between 1965 and 1973, did not reveal orders, in the applicant's name, announcing award of the CIB.

21.  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.  To qualify for award of the CIB, a Soldier must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size (emphasis added).  

22.  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 MOSs 11B (Light Weapons Infantryman), 11C (Indirect Fire Infantryman), 11D, 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman).  This regulation further provided for award of the CIB to infantry personnel who were members of infantry squads and platoons in cavalry squadrons and regiments.  

23.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

   a. This pamphlet shows the unit to which he was assigned, the 1st Squadron, 9th Cavalry Regiment,  was cited for the following awards during the period in which he was assigned (10 September 1966 through on or about          9 September 1967):

* Presidential Unit Citation, for service during the period 2 through           24 October 1966, by Department of the Army General Orders (DAGO) Number 5, dated 1969
* Valorous Unit Award, for service during the period 22 April through       20 August 1967, by DAGO Number 43, dated 1972

   b. This pamphlet shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was authorized to all units subordinate to Military Assistance Command, Vietnam (MACV) units, for service during the period 8 February 1962 through 28 March 1973, by DAGO Number 8, dated 1974.

24.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records (emphasis added).

25.  In 2011, the Republic of Korea Presidential Unit Citation (ROK-PUC) was awarded by the government of the Republic of Korea to members of the 2nd Infantry Division.  The award was based on three 2nd Infantry Division accomplishments: 

* support provided the South Korean nation for over 60 years
* training conducted with the ROK military
* support provided following the Dongducheon flood of July 2011

This award may be temporarily worn by members of the 2nd Infantry Division during their assignment with the division.  Upon approval by Headquarters, Department of the Army (HQDA), it may become permanently authorized for award, wear, and records annotation to past and present members of the 2nd Infantry Division.  To date, such approval has not been granted by HQDA.

26.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  The version of this regulation in effect at the time of the applicant's retirement in 1993 stated:

* Item 13 shows awards and decorations for all periods of service
* Item 14 shows in–service training courses; title, number of weeks year successfully completed during this period of service (the period covered by the DD Form 214); e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214, for the period ending 31 August 1993, to show numerous military education courses that were not annotated on his DD Form 214.  Specifically, he requests correction of his DD Form 214 to show he completed the following courses:

* ISROC
* ARCC Course
* Infantry Pre-Commission Course
* Management Practices in TO&E Organizations Course
* Infantry Senior NCO Career Development Course 
* Basic Airborne Course
* Armor Officer Basic Course
* Reserve Component Officer Qualification Course, Phases I and III 

2.  The evidence of record shows he completed the above courses.  However, none was completed during the period covered by the DD Form 214 he requests be corrected (17 April 1978 through 31 May 1993).  Additionally, many of the courses were correspondence courses.  Correspondence courses, noted by the acronym "EXT," are not entered on the DD Form 214. 

3.  The applicant also contends his DD Form 214 should be corrected to add the CIB, an additional award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Korea Presidential Unit Citation.

   a. The evidence of record shows he performed infantry duties in a cavalry regiment during his period of service in the Republic of Vietnam.  However, the evidence or record does not show he was engaged in ground combat with the enemy during his period of service in the Republic of Vietnam, in either an infantry unit of brigade size or smaller, or an infantry squad or platoon in a cavalry squadron or regiment.  Absent appropriate evidence to the contrary that shows he was engaged in ground combat with the enemy, there is an insufficient basis to correct his records to show he was awarded the CIB. 

   b. Troop B, 1st Squadron, 9th Cavalry Regiment, was not separately recognized for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time in which he was assigned.  However, all MACV units were authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974.  Therefore, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is already annotated on his DD Form 214.

   c. He contends he should be authorized a second award, based on his unit's attached status to 3rd Brigade, 25th Infantry Division; however, the time frame covering his initial award, based on DAGO Number 8, overlaps any other possible timeframe identified for other units in other DAGOs.  Accordingly, he cannot qualify for a second award, since it would overlap the timeframe established by DAGO Number 8.  Hence, he is not entitled to correction of his record to show a second award.    

   d. The evidence of record shows the ROK-PUC was awarded by the government of the Republic of Korea to members of the 2nd Infantry Division.  Upon approval by HQDA, it may become permanently authorized for award, wear, and records annotation to past and present members of the 2nd Infantry Division.  However, to date, such approval has not been granted by HQDA; therefore, until such time, he is not entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.





      ___________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)                                         AR20090005696



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ABCMR Record of Proceedings (cont)                                         AR20130003405



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