IN THE CASE OF:	  

		BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130016632 


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), dated 11 September 1969, to show award of the Army Commendation Medal (ARCOM) with “V” Device and the Bronze Star Medal (BSM) (3rd Award).  He also requests award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was awarded the ARCOM with “V” Device and he has a total of three BSM’s.  He is requesting award of the CIB.  He served with three separate infantry units in Vietnam.  

3.  The applicant provided a copy of his ARCOM with "V" Device and DD Form 214.

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 12 July
1966.  He completed training and he was awarded military occupational specialty (MOS) 13E (Field Artillery Operations and Intelligence Assistant).  On 2 October 1967, he was honorably discharged to accept a commission as an officer in the Army.

3.  The applicant’s DD Form 214 for the period ending 2 October 1967 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  The applicant was commissioned a 2nd lieutenant and entered active duty on 3 October 1967.  He completed training and was awarded specialty 1193 (Field Artillery Unit Commander).  

5.  Item 17 (Foreign Service) of the applicant's DA Form 66 (Officer Qualification Record) shows he served in the Republic Vietnam (RVN) during the period 
1 October 1968 to 7 September 1969.  He was assigned to 2nd Battalion, 33rd Artillery, 1st Infantry Division.

6.  General Orders (GO) Number 13612 issued by Headquarters, 1st Infantry Division, on 28 December 1968, awarded him the ARCOM with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 20 December 1968.

7.  His records contain General Orders (GO) Number 2012, issued by Headquarters, 1st Infantry Division, dated 22 March 1969, awarding him the BSM for meritorious achievement in the RVN during the period 20 October 1968 to
7 February 1969.

8.  His records contain General Orders (GO) Number 7311, issued by Headquarters, 1st Infantry Division, dated 22 July 1969, awarding him the BSM (1st Oak Leaf Cluster (1st OLC)) for meritorious achievement in the RVN during the period 1 March to 1 June 1969.


9.  A second DD Form 214 indicates he was honorably released from active duty in the rank/grade of (1LT)/O2 on 11 September 1969.  He was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 1960 Device
* BSM with 1st OLC
* RVN Gallantry Cross with Palm Unit Citation
* two overseas service bars

10.  U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the BSM may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the BSM was generally delegated no lower than brigadier generals in command of separate brigades.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for the BSM (3rd Award) or CIB.

12.  The CIB is not included in the list of earned awards contained in item 21 (Awards and Decorations) of his DA Form 66 and the applicant's Military Personnel Records Jacket is void of orders or any other documents that indicate he was ever recommended for or awarded the CIB during his active duty tenure.

13.  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 specialty.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size

14.  Army Regulation 600-8-22 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 Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer – Fall 1969 (9 June – 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the ARCOM with “V” Device, BSM (3rd Award), as well as award of the CIB. 

2.  GO awarded the applicant the ARCOM with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  GO awarded him the BSM and BSM (1st OLC).  These awards are already shown on his DD Form 214.  

4.  By regulation, the BSM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders.  The applicant's record is void of any documents or orders indicating he was ever recommended for the BSM (3rd Award) by proper authority during his active duty tenure and there are no orders for the applicant in ADCARS.

5.  The applicant was an artillery officer assigned to an artillery unit.  Accordingly, there is insufficient evidence on which to base awarding him the CIB and adding it to his DD Form 214.

6.  The evidence of record shows he participated in four campaigns while serving in the RVN.  Therefore, he is entitled to correction of this DD Form 214 to add four bronze service stars to his previously-awarded Vietnam Service Medal.

7.  In view of the foregoing, his records should be corrected as recommended below.

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 VSM from his DD Form 214 for the period ending 
11 September 1969
* adding the following awards to his DD Form 214 for the period ending 
11 September 1969:

* ARCOM with “V” Device
* VSM with four bronze service stars

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 (3rd Award) 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)                                         AR20130016632



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ABCMR Record of Proceedings (cont)                                         AR20130016632



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