Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130014201
Original file (20130014201.txt) Auto-classification: Approved

		IN THE CASE OF:	 

		BOARD DATE:	1 April 2014

		DOCKET NUMBER:  AR20130014201


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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Combat Infantryman Badge (CIB).

2.  As a separate issue, the applicant requests correction of his DD Form 214 to show he was awarded the Air Medal (AM) and the Bronze Star Medal (BSM).

3.  The applicant states:

* he was awarded the AM during the period 30 January 1970 through        17 August 1970 and he was awarded the BSM for meritorious service during the period January 1970 through January 1971 
* his AM and BSM orders clearly show he was involved in ground operations against a hostile force in the Republic of Vietnam
* his record of assignments shows he served as a rifleman and team leader in the 503rd Infantry [Regiment] while serving in the Republic of Vietnam
* he served in the capacity of point man, team leader, and automatic rifleman with the M-60 [machine gun] while assigned to a 5-man team

4.  The applicant provides:

* General Orders Number 2369, issued by Headquarters, 173rd Airborne Brigade on 3 September 1970
* his AM Citation 
* General Orders Number 3138, issued by Headquarters, 173rd Airborne Brigade on 2 December 1970
* his BSM Citation
* an extract of his DA Form 20 (Enlisted Qualification Record)
* 2 photos of him during his service in the Republic of Vietnam

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120018539 on 16 May 2013.

2.  The applicant provides general orders that awarded him the AM and BSM (with citations) and 2 photographs depicting his service in the Republic of Vietnam.  These are considered new evidence not previously considered by the Board; therefore, this new evidence will now be considered by the Board.

3.  On 30 June 1969, the applicant enlisted in the Regular Army.  He completed his initial entry training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  Item 31 (Foreign Service) of his DA Form 20 shows he served in the Republic of Vietnam from 20 January 1970 through 11 December 1970.  Item 38 (Record of Assignments) he was assigned to Company D, 3rd Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade, as a rifleman and team leader in MOS 11B.

5.  General Orders Number 2369, issued by Headquarters, 173rd Airborne Brigade on 3 September 1970, awarded him the AM for meritorious achievement while participating in aerial flight in the Republic of Vietnam, from 30 January 1970 through 17 August 1970.

6.  General Orders Number 3138, issued by Headquarters, 173rd Airborne Brigade on 2 December 1970, awarded him the BSM for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam, from January 1970 through January 1971.

7.  On 17 December 1971, he was honorably released from active duty.  His DD Form 214 shows he was separated in the rank/pay grade of sergeant/E-5.  He completed 2 years, 5 months, and 18 days of net active service, including      1 year, 9 months, and 18 days of foreign service. 

8.  His DD Form 214 shows he was awarded the:
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960), shown as the Vietnam Campaign Medal
* Parachutist Badge
* 2 overseas service bars

9.  His record is void of orders that show he was awarded the CIB.

10.  U.S. Military Assistance Command, Vietnam (MACV) Directive 672-1 (Awards and Decorations) provided the regulatory guidance on awarding the CIB to Soldiers during the Vietnam era.  This regulation provided that there were three basic requirements that must have been fulfilled prior to qualifying for award of the CIB.  The Soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit (of brigade, regimental, or smaller size) during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat (emphasis added).  

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

12.  His available record is void of a commander's disqualification statement or any information showing convictions by courts-martial or receipt of nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ).  Additionally, item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his entire period of military service.

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.  Special Orders Number 158, issued by Headquarters, 8th Infantry Division on 7 June 1971, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), effective 19 May 1971.

15.  Special Orders Number 216, issued by Headquarters, 8th Infantry Division on 4 August 1971, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar (M-79), effective 9 July 1971.

16.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Winter-Spring 1970  (1 November 1969 – 30 April 1970)
* Sanctuary Counteroffensive  (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive Phase VII  (1 July 1970 – 30 June 1971)

17.  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 3rd Battalion, 503rd Infantry Regiment, to which the applicant was assigned, was cited for the following unit awards during the period in which he was assigned:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 22 October 1967 through 26 September 1970, by Department of the Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 15 April 1969 through 16 March 1972, by DAGO Number 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant's requests, including reconsideration of his previous request for correction of his DD Form 214 to show he was awarded the CIB, as well as his new requests for correction of his DD Form 214 to show he was awarded the AM and BSM, were each carefully considered.

2.  General orders awarded him the AM and BSM, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  He served honorably on active duty from 30 June 1969 through 17 December 1971, a period of 2 years, 5 months, and 18 days.  The evidence of record shows he received no court-martial actions and had only "excellent" conduct and efficiency ratings throughout his entire period of service.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award), for the period 30 June 1969 through 17 December 1971, and to correction of his DD Form 214 to show this award.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Grenade Bar (M-79), which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these marksmanship badges.  

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

6.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

7.  The applicant's infantry MOS and assignment to an infantry unit during his service in the Republic of Vietnam are not in question.  However, there is no evidence in the available record, and he did not provide definitive evidence, to substantiate his engagement in active ground combat while serving in the Republic of Vietnam.  

8.  Given his assignment to an infantry unit during the duration of his combat tour, his participation in combat would appear obvious; however, the governing regulation specifically requires evidence that shows he engaged the enemy as a member of an infantry unit.  His BSM orders show he was involved in ground operations against a foreign enemy; however, they do not show he participated in combat with the enemy.  Absent this evidence, there is insufficient evidence upon which to award the CIB or to correct his DD Form 214 to show this badge.

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.  With regard to the new issue, 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 30 June 1969 through 17 December 1971; and

   b. Amending his DD Form 214 to delete the Vietnam Service Medal and add the following:

* BSM
* AM
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar (M-79)

2.  With regard to the request for reconsideration for correction of his DD Form 214 to show he was awarded the CIB, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the 
decision of the ABCMR set forth in Docket Number AR20120018359, dated        16 May 2013.



      _____________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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130014201



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2003 | 2003086715C070212

    Original file (2003086715C070212.rtf) Auto-classification: Denied

    The evidence of record shows the applicant was serving in MOS 76Y during his service in Vietnam. The evidence of record shows the applicant served in MOS 76Y, which did not qualify for award of the CIB. Therefore, the applicant was not eligible for award of the CIB at the time of his service in Vietnam and there is no basis for award of the CIB to him now.

  • ARMY | BCMR | CY2003 | 2003085100C070212

    Original file (2003085100C070212.rtf) Auto-classification: Approved

    I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN. That all of the Department of the Army records related to this case be corrected by showing that in addition to those awards already listed on his DD Form...

  • ARMY | BCMR | CY2002 | 2002075180C070403

    Original file (2002075180C070403.rtf) Auto-classification: Approved

    and Decorations, of his DA Form 20, Enlisted Qualification Record, indicating that the Combat Infantryman Badge was awarded him. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 is also absent an entry indicating award of the Combat Infantryman Badge. b. by showing that he was awarded, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the...

  • ARMY | BCMR | CY2004 | 2004106266C070208

    Original file (2004106266C070208.doc) Auto-classification: Approved

    The applicant requests the award of the Purple Heart (PH), Combat Infantryman Badge (CIB), and Bronze Star Medal (BSM) with "V" Device. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which is not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal.

  • ARMY | BCMR | CY2014 | 20140009247

    Original file (20140009247.txt) Auto-classification: Approved

    The applicant states: * he is a Vietnam veteran * he served with the 101st Airborne Division * his BSM is not listed on his DD Form 214 * his secondary MOS (SMOS) of 71B (Clerk-Typist) is on his DD Form 214, but his PMOS of 11B is not listed * he believes that he is entitled to the CIB * there may be other division citations that are not listed on his DD Form 214 3. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to...

  • ARMY | BCMR | CY2012 | 20120007680

    Original file (20120007680.txt) Auto-classification: Approved

    The evidence of record shows the applicant received fragment wounds to his left leg and buttocks during a firefight in Vietnam on 13 March 1970. Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the: * Purple Heart for wounds received in action on 13 March 1970 * Combat Infantryman Badge * Army...

  • ARMY | BCMR | CY2001 | 2001057952C070420

    Original file (2001057952C070420.rtf) Auto-classification: Approved

    This document shows the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation (MUC) for the period 5 May 1965-4 May 1967 by Department of the Army General Order Number 48, dated 1968. The applicant was awarded the BSM with "V" Device by General Orders Number 691, Headquarters, 173 rd Airborne Brigade (Separate), dated 24 April 1967; therefore, he is entitled to correction of his DD Form 214 to show this award. RECOMMENDATION: That all of the...

  • ARMY | BCMR | CY2006 | 20060017109C071029

    Original file (20060017109C071029.doc) Auto-classification: Approved

    Qawiy A. Sabree | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. The evidence of record confirms the applicant held and served in an infantry MOS in a qualifying infantry unit while serving in the RVN.

  • ARMY | BCMR | CY2010 | 20100019401

    Original file (20100019401.txt) Auto-classification: Approved

    This form also shows he was awarded the PH on 2 April 1970 by the same medical treatment facility on general orders. Therefore it would be appropriate to correct his DD Form 214 to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (First Award) for the period 9 April 1969 through 12 November 1970, b. deleting the VSM from item 24 of his DD Form 214, and c. adding the...

  • ARMY | BCMR | CY2010 | 20100013421

    Original file (20100013421.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 30 November 2010 DOCKET NUMBER: AR20100013421 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Evidence of record shows the applicant was awarded the CIB by Special Orders Number 90, dated 31 March 1971. ___________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.