BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140004516 


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 show:

* Combat Infantryman Badge (CIB) in lieu of the Combat Medical Badge (CMB)
* Army Commendation Medal (ARCOM) (2nd Award)
* Republic of Vietnam (RVN) Gallantry Cross with Gold Star

2.  The applicant states his DD Form 214 shows the CMB.  However, he was an infantryman and never a medic in Vietnam.

3.  The applicant provides:

* DA Form 20 (Enlisted Qualification Record), page 4
* Headquarters, II Field Force Vietnam General Orders Number 1635
* ARCOM Certificate and Citation
* Headquarters, II Field Force Vietnam General Orders Number 4147
* ARCOM (2nd Award) Certificate 
* Armed Forces of the RVN, III Corps and Military Region 3, Staff Adjutant General Citation for the Cross of Gallantry 

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.  On 3 June 1969, he was inducted into the Army of the United States.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and he was advanced to the rank of specialist four/pay grade E-4.

3.  On 23 July 1969, Headquarters, U.S. Army Training Center, Infantry and Fort Polk, issued Special Orders Number 177, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  On 6 October 1969, Headquarters, U.S. Army Training Center, Infantry and Fort Polk, issued Special Orders Number 244, awarding him the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Qualification Badge with Machinegun Bar (M-60)

5.  His DA Form 20 shows while he was stationed in the RVN he performed duties as a:

* light weapons infantryman and team leader while assigned to Company B, 2nd Battalion, 47th Infantry, 3rd Brigade during the period 5 December 1969 to 30 September 1970
* team leader while assigned to Headquarters and Headquarters Company, 3d Brigade, 9th Infantry Division during the period 1 to 12 October 1970

6.  His DA Form 20 also shows in: 

* item 38 – all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations), in pertinent part – Headquarters, 3d Brigade, 9th Infantry Division, Special Orders Number 143, paragraph 2, awarded him the CMB

7.  On 27 December 1969, Headquarters, 3d Brigade, 9th Infantry Division, issued Special Orders Number 143, awarding him the CIB (1st Award).  Paragraph 1 of these orders lists Soldiers awarded the CMB; paragraph 2 lists Soldiers awarded the CIB.  

8.  On 23 April 1970, Headquarters, II Field Force Vietnam issued General Orders Number 1635, awarding him the ARCOM for the period 23 November 1969 to 27 March 1970.

9.  His records include a memorandum, subject:  Authorization for Individual Foreign Award, dated 16 October 1970, showing he was authorized to accept and wear the RVN Gallantry Cross with Gold Star.

10.  On 17 October 1970, Headquarters, II Field Force Vietnam issued General Orders Number 4147, awarding him the ARCOM (1st OLC) for the period 28 March 1970 to 25 August 1970.

11.  On 4 March 1971, he was honorably released from active duty after completing 1 year, 9 months, and 2 days of active service.

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

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal with Device (1960)
* CMB
* ARCOM
* Purple Heart (3rd Award)
* Air Medal
* Bronze Star Medal (2nd Award) with "V" Device

13.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

14.  His records are void of any orders or other documents that indicate he was awarded the AGCM by proper authority.  He received all "excellent" conduct and efficiency ratings throughout his service.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.

16.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the RVN Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the RVN Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to accept and wear the decoration.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 2nd Battalion, 47th Infantry, 3rd Brigade, was awarded the:

* Valorous Unit Award for the period 1 May to 29 June 1970
   by Department of the Army (DAGO) Number 43 dated 1972 
* RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 20 July 1970 by DAGO Number 55 dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969 to 20 July 1970 by DAGO Number 55 dated 1971

DISCUSSION AND CONCLUSIONS:

1.  Special Orders Number 143 awarded him the CIB.  Evidence indicates that, based on these orders, the CMB was erroneously entered in his records instead of the CIB.  Therefore, it would be appropriate to amend his DD Form 214 by deleting the CMB and adding the CIB.  

2.  General orders awarded him the ARCOM (1st Award) and ARCOM (2nd Award).  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM (2nd Award).

3.  He was authorized to accept and wear the RVN Gallantry Cross with Gold Star.  It would be appropriate to correct his DD Form 214 to show this foreign award.

4.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 3 June 1969 through 4 March 1971 and to add this award to his DD Form 214.

5.  He served in a unit during a period for which the unit was awarded the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Qualification Badge with Machinegun Bar 
(M-60).  As such, it would be appropriate to add these qualification badges to his DD Form 214.

7.  In view of the foregoing, he is entitled to have his records corrected as recommended below.

BOARD VOTE:

___X_____  _X_______  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 AGCM (1st Award) for the period 3 June 1969 through 4 March 1971;

	b.  deleting from his DD Form 214 the CMB and ARCOM; and
	c.  adding to his DD Form 214 the:

* CIB
* ARCOM (2nd Award)
* AGCM (1st Award)
* RVN Gallantry Cross with Gold Star
* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Qualification Badge with Machinegun Bar (M-60)



      _________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)                                         AR20140004516



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ABCMR Record of Proceedings (cont)                                         AR20140004516



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