IN THE CASE OF:  	  

		BOARD DATE:  2 October 2014	  

		DOCKET NUMBER:  AR20140002530 


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 records to show two awards of the Silver Star (SS), the Bronze Star Medal (BSM) with "V" Device, the Army Commendation Medal (ARCOM) with "V" Device, and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

2.  The applicant states he served in the RVN with Company C, 5th Battalion, 60th Infantry, 9th Infantry Division.

   a.  He states that he was recognized for his heroism, as follows –

		Award									       Date of Action
   ARCOM with "V" Device 	    		       19 June 1967
   BSM with "V" Device				   23 September 1967
   SS										   17 November 1967
   SS										    13 January 1968

    b.  He adds that he would like his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to accurately document his heroism.

3.  The applicant provides copies of three award orders.

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 U.S. Army on 9 May 1966.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in –

* item 31 (Foreign Service), service in Vietnam from 10 January 1967 through 9 January 1968

* item 38 (Record of Assignments) –

* Company A, 3rd Battalion, 47th Infantry, from 28 January 1967 through 24 August 1967
* Company C, 5th Battalion, 60th Infantry, 9th Infantry Division, from 
25 August 1967 through 6 January 1968

* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Second Class (Sharpshooter) Marksmanship Qualification Badge with (M-60) Machinegun Bar
* Expert Marksmanship Qualification Badge with (M-16) Rifle Bar
* Vietnam Service Medal
* Combat Infantryman Badge
* RVN Campaign Medal with Device (1960)
* ARCOM with "V" Device
* 2 Overseas Service Bars

4.  General orders (GO) issued by Headquarters, 9th Infantry Division, awarded the applicant the following awards –

* BSM with "V" Device for heroism on 14 April 1967 (GO Number 4928, dated 23 September 1967)
* ARCOM with "V" Device for heroism on 19 June 1967 (GO Number 3686, dated 26 July 1967)
* SS for gallantry in action on 18 November 1967 (GO Number 279, dated 13 January 1968)

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 8 May 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He had completed 2 years of active service this period that included 1 year of foreign service.  It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the –

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* two Overseas Service Bars
* Combat Infantryman Badge
* ARCOM with "V" Device
* Expert Marksmanship Qualification Badge with (M-16) Rifle Bar
* Second Class Marksmanship Qualification Badge with (M-60) Machinegun Bar

6.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was recommended for or awarded a second award of the SS.  However, this review revealed he may be entitled to additional awards not shown on his DD Form 214.

7.  Headquarters, 6th Infantry Division, Fort Campbell, KY, GO Number 85, dated 9 April 1968, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 9 May 1966 to 8 May 1968.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of GOs issued during the Vietnam-era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any additional award orders pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  
Chapter 3 shows U.S. Army military decorations are awarded in recognition of heroism, meritorious achievement, or meritorious service.

	a.  The SS is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The VSM is awarded to all members of the Armed Forces of the United States for qualifying service in the RVN after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

	c.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during his service in the RVN, participation credit was awarded for the following campaigns –

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. 

   a.  It shows the –

* 3rd Battalion, 47th Infantry, was cited for award of the –

* RVN Gallantry Cross with Palm Unit Citation for the period
1 December 1966 through 30 June 1968 in Department of the Army General Orders (DAGO) Number 31, 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 in DAGO Number 59, 1969

* 5th Battalion, 60th Infantry, was cited for award of the –

* RVN Gallantry Cross with Palm Unit Citation for the period December 1966 through June 1968 in DAGO Number 43, 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 in DAGO Number 59, 1969

   b.  This pamphlet also shows that not more than one RVN Gallantry Cross Unit Citation and RVN Civil Actions Honor Medal Unit Citation will be worn by any individual.  Although multiple awards of these two unit citations are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show two awards of the SS, the BSM with "V" Device, the ARCOM with "V" Device, and the RVN Gallantry Cross with Palm Unit Citation.

2.  The evidence of record shows general orders awarded the applicant the SS, BSM with "V" Device, ARCOM with "V" Device, and AGCM (1st Award).

   a.  The available evidence does not show the applicant was recommended for or awarded a second award of the SS for actions in the RVN.

   	(1)  A search of general orders in the ADCARS database was accomplished in an effort to reveal evidence of an additional award of the SS based on the applicant's actions in the RVN.  However, this search failed to reveal award orders for a second award of the SS.

   	(2)  Therefore, in view of the foregoing, there is an insufficient evidentiary basis to support the applicant's claim to a second award of the SS.

   	(3)  His DD Form 214 shows award of the ARCOM with "V" Device. Therefore, correction of his DD Form 214 is not required in this instance.

	b.  The applicant qualified for award of the VSM and he participated in two campaigns during his service in Vietnam.  Thus, he is entitled to two bronze service stars for wear on his already-awarded VSM.

	c.  General orders awarded the applicant's two units the:

* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

3.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, 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

   a.  deleting from item 24 of his DD Form 214 the "Vietnam Service Medal", and

   b.  adding to item 24 of his DD Form 214 the –

* Silver Star
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

2.  The Board further determined 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 a second award of the Silver Star.



      _______ _   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)                                         AR20140002530



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ABCMR Record of Proceedings (cont)                                         AR20140002530



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