IN THE CASE OF:  	  

		BOARD DATE:  18 September 2014  	  

		DOCKET NUMBER:  AR20140001036 


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:

	a.  upgrade of his Bronze Star Medal (BSM) with "V" Device for heroism on 11 March 1968 to the Silver Star; and

	b.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Combat Infantryman Badge (CIB).

2.  The applicant states: 

* his actions as a medic were of such a nature to deserve the Silver Star
* he served with the 1st Infantry Division during a qualifying period to be eligible for the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* as a combat medic operating with a front line infantry platoon with full weaponry and combat gear he feels the CIB is appropriate

3.  The applicant provides:

* two applications
* orders for the BSM with "V" Device
* 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 requested an upgrade of his BSM with "V" Device for heroism on 11 March 1968 in Vietnam to the Silver Star.  He was notified by letter that he had not exhausted all administrative remedies regarding upgrading his BSM with "V" Device.  He was advised to submit a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.  Therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings.

3.  The applicant was inducted into the Army of the United States on 6 December 1966.  He completed his training and was awarded military occupational specialty (MOS) 91B (medical specialist).  He arrived in Vietnam on 23 January 1968.  He served in MOS 91B assigned to Company D, 1st Battalion, 2nd Infantry in Vietnam from 10 March 1968 to 1 September 1968.  On 5 September 1968, he was honorably released from active duty in the temporary rank of specialist five after completing 1 year and 9 months of creditable active service with no time lost.

4.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* BSM with "V" Device
* Republic of Vietnam Campaign Medal with Device (1960)
  
5.  There are no orders for the CIB in the available records.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the CIB.

7.  Records show he participated in three campaigns during his assignment in Vietnam.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  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 1st Battalion, 2nd Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 12 July 1965 to 16 October 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970

10.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

11.  Army Regulation 600-8-22 states the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

12.  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.  There must have been no conviction by a court-martial.  

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit in Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

2.  His request for award of the CIB was noted.  However, the governing regulation for award of the CIB clearly establishes that the CIB may be awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

3.  The evidence shows he held MOS 91B and served as a medical specialist during his assignment to Company D, 1st Battalion, 2nd Infantry in Vietnam.  There is no evidence of record which shows he held or served in an infantry MOS or served in active ground combat while assigned as a member of an infantry unit of brigade, regimental, or smaller size.  As a result, there is insufficient evidence on which to base award of the CIB.  

4.  It appears he met the criteria for award of the Combat Medical Badge based on his assignment in Vietnam, MOS, and award of the BSM with "V" Device for heroism on 11 March 1968.  Therefore, he should be awarded the Combat Medical Badge.

5.  The applicant was released from active duty in the temporary rank of specialist five with 1 year and 9 months of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 6 December 1966 through 5 September 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

6.  He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show these service stars.


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.  awarding him the Combat Medical Badge on 11 March 1968; 

	b.  awarding him the first award of the Army Good Conduct Medal for the period 6 December 1966 through 5 September 1968; and

	c.  adding the Army Good Conduct Medal (1st Award), Combat Medical Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal 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 award of the 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)                                         AR20140001036





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ABCMR Record of Proceedings (cont)                                         AR20140001036



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