BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20130022328 


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 list the:

* Army Commendation Medal with "V" Device
* Vietnam Service Medal with Gold Star and two bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Infantryman Badge

2.  The applicant states the above awards are not listed on his DD Form 214 and they should be.  He did not know he could request a correction until he started working with the County Veterans Service Office.

3.  The applicant provides copies of General Orders (GO) Number 275 and his 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 8 July 1965 and he held military occupational specialty (MOS) 62E (construction machine operator).  He served in Vietnam from 24 January 1966 through 22 March 1967, during two campaigns.  He was assigned to:

* Headquarters and Headquarters Company, 173rd Airborne Brigade, from 27 January through 16 October 1966 and he served as a cook
* 173rd Engineer Company, from 17 October 1966 through 16 March 1967 and he served in MOS 62E as a construction machine operator

3.  His record contains and he provided a copy of GO Number 275, issued by Headquarters, 173rd Airborne Brigade, on February 1967, awarding him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam from 8 to 24 January 1967, while serving as a member of a "Tunnel Rat" team, 173rd Engineer Company, with the mission of exploring and destroying Viet Cong tunnel systems.

4.  On 3 September 1967, he was honorably released from active duty, in pay grade E-3, and transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 2 years of net active service with 58 days of time lost.  He was also credited with 1 year, 1 month, and 29 days of foreign service in Vietnam.  His DD Form 214 lists the:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  There are no orders in his personnel records authorizing or awarding him the Combat or Expert Infantryman Badge during his period of service in Vietnam.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Records) lists the same awards as shown on his DD Form 214 with the inclusion of the one overseas service bar.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of GOs 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 award orders for the Combat or Expert Infantryman Badge pertaining to the applicant.

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

   a.  The Combat Infantryman Badge is awarded to an infantryman Soldier satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.

   b.  The Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

   c.  A bronze service star is authorized for wear on the Vietnam Service Medal to denote participation in a named campaign.  The arrowhead device (for aerial or amphibious assault) is also authorized for this medal.

   d.  The unit citation of the Gallantry Cross is awarded by the Vietnamese government for valorous combat achievement.  It is awarded in four degrees as follows:

* With Palm - to a unit which is cited before the Armed Forces
* With Gold Star – to a unit which is cited before a corps
* With Silver Star – to a unit which is cited before a division
* With Bronze Star – to a unit which is cited before a regiment or brigade

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows DAGO Number 8, dated 1974, awarded the 
Republic of Vietnam Gallantry Cross Unit Citation with Palm to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal with "V" Device during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served in Vietnam during two campaigns; therefore, he is entitled to award of two bronze service stars to be added to his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

3.  He was awarded the Republic of Vietnam Campaign Medal with 1960 Device and this award is currently listed on his DD Form 214.  Therefore, his 
DD Form 214 contains no error pertaining to this award.

4.  With respect to the Combat or Expert Infantryman Badges, the applicant did not specify which infantry badge he requests.  Nevertheless: 

	a.  In order to be awarded either badge the evidence must show the individual held and served in an infantry MOS while assigned or attached to an infantry unit or brigade, regiment, or small size and have served in active ground combat while assigned or attached to this infantry.  

	b.  The applicant in this case held MOS 62E and he served in Vietnam initially as a cook and subsequently as a construction machine operator with the 173rd Engineer Company.  There is no evidence and he did not provide sufficient evidence showing he held an infantry MOS and served in an infantry unit and he personally participated in active ground combat while assigned/attached to this infantry unit during his period of service in Vietnam.  

	c.  He did not meet the criteria for either badge.  Therefore, in the absence of orders awarding him the Combat or Expert Infantryman Badge, there is insufficient evidence to add either award to his DD Form 214.

5.  A bronze service star and arrowhead are the only authorized appurtenances for the Vietnam Service Medal.  The Gold Star is a degree awarded for the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is not entitled to a Gold Star to be affixed to his already-awarded Vietnam Service Medal.

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:

   a.  deleting from the applicant's DD Form 214 the Vietnam Service Medal; and

b.  adding to his DD Form 214 the:

* Army Commendation Medal with "V" Device
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 correction of his 
DD Form 214 to list the:

* Vietnam Service Medal with Gold Star
* Combat Infantryman Badge
* Expert Infantryman Badge



      _______ _   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)                                         AR20130022328



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ABCMR Record of Proceedings (cont)                                         AR20130022328


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