IN THE CASE OF:	  

		BOARD DATE:  26 November 2014

		DOCKET NUMBER:  AR20130006660 


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 that his records be corrected to show awards of the Combat Infantryman Badge (CIB), Army Good Conduct Medal (AGCM), Army Commendation Medal (ARCOM) with “V” Device, Bronze Star Medal (BSM) with “V” Device, Meritorious Unit Commendation (MUC), Presidential Unit Citation (PUC), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he is authorized these awards based on his service as an infantryman in Vietnam and the fact that he was awarded three Purple Hearts. 

3.  The applicant provides a one-page letter explaining his application, DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), miscellaneous orders from his records, and three pages of awards from an internet article.

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 on 27 July 1967.  He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as an infantry indirect fire crewman at Fort Polk, Louisiana before being transferred to Vietnam on 3 January 1968.

3.  He was assigned to Company A, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division for duty as an ammunition bearer.  His records show that he was wounded on 5 February and 28 February 1968; however, his records contain orders awarding him the Purple Heart on 3 February, 4 February, and 
28 February 1968.

4.  He participated in two campaigns and was medically evacuated out of country on 27 March 1968 to Tripler Army Hospital in Hawaii and was subsequently assigned to Fort Knox, Kentucky.  On 14 September 1968, he was reclassified into military occupational specialty 76P2O (Stock Control and Accounting Specialist).

5.  On 16 May 1969, he was honorably released from active duty (REFRAD).  He had served 1 year, 9 months, and 20 days of active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Purple Heart with two oak leaf clusters, Vietnam Campaign Medal, and his marksmanship badges.

6.  A review of his official records shows that he had “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.

7.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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.

	a.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

	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 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 n 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.  

	d.  A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  This includes the VSM.

8.  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 applicant’s unit was cited for awards of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was serving as an infantryman in an infantry unit in combat at the time he was wounded.  Accordingly, he meets the qualifications to be awarded the CIB and to have it added to his records.

2.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.  Therefore, he should be awarded the AGCM (1st Award) for the period 27 July 1967 through 16 May 1969 and his DD Form 214 should be corrected to show this award.

3.  The applicant participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show two bronze service stars. 

4.  His unit in Vietnam was cited for awards of the PUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  However, there is no evidence in the available records to show that he was awarded the BSM and ARCOM and there is no evidence to show that his unit was awarded the MUC during the period he served with the unit.  Therefore, in the absence of such evidence there appears to be no basis to add those awards to his records. 

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:

* deleting the award of the VSM from his DD Form 214
* awarding him the CIB effective 3 February 1968
* awarding him the AGCM (1st Award) for the period 27 July 1967 through 16 May 1969
* adding the awards of the VSM with two bronze service stars, CIB, AGCM (1st Award), PUC, and the 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 adding the BSM with “V” Device, ARCOM with “V” Device, and MUC to his DD Form 214.




      _______ _  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)                                         AR20130006660





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130006660



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1