IN THE CASE OF:  	  

		BOARD DATE:  10 February 2015	  

		DOCKET NUMBER:  AR20140010772 


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 award of the Bronze Star Medal (BSM), Army Commendation Medal (ARCOM) with 1st Oak Leaf Cluster (OLC), and Combat Medical Badge (CMB).

2.  The applicant states he voluntarily extended his tour of duty in the Republic of Vietnam (RVN) to receive an early separation from the U.S. Army.  His awards were mailed to him after he separated from the Army and are not all recorded on his DD Form 214.

3.  The applicant provides copies of his BSM and ARCOM award documents, a combat service certificate, two photographs, 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 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 2 July 1969.  He was awarded military occupational specialty (MOS) 91A (Medical Corpsman).

3.  He was promoted to specialist four (SP4)/pay grade E-4 on 23 February 1970 and awarded MOS 91B (Medical Specialist).

4.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 31 (Foreign Service), he served in Vietnam from 6 December 1969 through 27 January 1971
* item 38 (Record of Assignments), he served in:

* Duty MOS (DMOS) 91A1O/91B2O with Company D, 2nd Battalion, 
47th Infantry, 3rd Brigade, 9th Infantry Division, from 20 December 1969 through 3 October 1970
* DMOS 91B2O with Headquarters and Service Company (HSC),
15th Medical Battalion, 1st Cavalry Division (Airmobile), from 
4 October 1970 through 19 November 1970
* DMOS 91B2O with HSC attached to Company C, 15th Medical Battalion, 1st Cavalry Division (Airmobile), from 20 November 1970 through 27 November 1971

5.  Headquarters, II Field Force Vietnam, General Orders (GO) Number 2705, dated 23 June 1970, awarded the applicant the ARCOM for meritorious achievement in the RVN from 7 December 1969 to 23 May 1970.

6.  GOs issued by Headquarters, 1st Cavalry Division (Airmobile) announced awards to the applicant, as follows:

* GO Number 21700, dated 15 December 1970 – the ARCOM (2nd Award) for meritorious service in the RVN from February 1970 to February 1971
* GO Number 3258, dated 19 February 1971 – the BSM for meritorious achievement in the RVN from October 1970 to December 1970

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 3 February 1971.  He had completed 1 year, 7 months, and 2 days of total active duty service this period that included 1 year, 1 month, and 28 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* ARCOM
* Army Good Conduct Medal

8.  A review of the applicant's military personnel record failed to reveal any orders or other evidence that shows he was awarded the CMB.  However, this review revealed he may be entitled to additional awards that are not shown on his
DD Form 214.

9.  Headquarters, U.S. Army Training Center, Fort Campbell, KY, Special Orders (SO) Number 232, dated 21 August 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

10.  Headquarters, U.S. Army Medical Training Center, Fort Sam Houston, TX, SO Number 245, dated 13 November 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

11.  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 U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant.

12.  In support of his application the applicant provides, in part, a Certificate of Combat Service signed by the commanding officer that shows the applicant served with the 3rd Brigade, 9th Infantry Division, in armed conflict against insurgent forces in the RVN.

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam 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.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns –

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	c.  the CMB 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.

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

   a.  2nd Battalion, 47th Infantry, was cited for award of the –

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

	b.  15th Medical Battalion was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 in DAGO Number 42, 1972; and

   c.  HSC and Company C, 15th Medical Battalion, were cited for award of the Meritorious Unit Commendation for the period 1 May 1970 through 31 January 1971 in DAGO Number 27, 1985

   d.  This pamphlet also states that not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows:

   a.  GOs awarded the applicant the –

* BSM for meritorious achievement from October 1970 to December 1970
* ARCOM for meritorious achievement from 7 December 1969 to 
23 May 1970
* ARCOM (1st OLC) for meritorious service from February 1970 to February 1971

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

	c.  DAGOs awarded the applicant's unit the –

* Valorous Unit Award
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation (two awards)
* RVN Civil Actions Honor Medal First Class Unit Citation

   d.  SOs awarded him the –
   
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

2.  The evidence of record also shows the applicant was awarded MOS 91A/91B and he served in duty MOS 91A/91B while assigned Company D, 2nd Battalion, 47th Infantry Regiment, 3rd Brigade, 9th Infantry Division in the RVN, from 
20 December 1969 through 3 October 1970.

	a.  During this period, he received campaign participation credit for three campaigns, he received two awards of the ARCOM (i.e., one for meritorious achievement and one for meritorious service), his unit was awarded the Valorous Unit Award, and he was recognized by the brigade commander for his combat service in armed conflict against insurgent forces in the RVN during the period of his assignment.

	b.  Thus, the available evidence supports award of the CMB in this case and it would be appropriate to correct the applicant's records by showing award of the CMB.

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:

____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 Combat Medical Badge, on 3 October 1970, for participation in combat operations in the Republic of Vietnam (Standard Name Line:  SP4  Company D, 2nd Battalion, 47th Infantry, 3rd Brigade, 9th Infantry Division);

   b.  correcting his DD Form 214 by:

* deleting from item 24 the –

* Vietnam Service Medal
* Army Commendation Medal

* adding to item 24 the - 

* Bronze Star Medal
* Army Commendation Medal (1st Oak Leaf Cluster)
* Vietnam Service Medal with 3 Bronze Service Stars
* Valorous Unit Award
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation




* Combat Medical Badge
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar




      _______ _   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)                                         AR20140010772



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ABCMR Record of Proceedings (cont)                                         AR20140010772



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