BOARD DATE:	 2 June 2015 

		DOCKET NUMBER:  AR20140017374 


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 the following awards:

* Bronze Star Medal (BSM)
* Army Commendation Medal (ARCOM) with "V" Device
* Army Good Conduct Medal (AGCM)
* Air Medal (AM)
* Combat Infantryman Badge (CIB) 

2.  The applicant states the above awards were never added to his DD Form 214.   

3.  The applicant provides his DD Form 214 and 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 Army of the United States on 7 November 1967.  He completed training and was awarded military occupational specialty 31N (Communications Systems/Circuit Controller).  The highest rank he attained was specialist four.

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information in:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the RVN beginning on 5 May 1969.

	b.  Item 38 (Record of Assignments) shows that during the period 16 May to 
4 August 1969 he served with Company B, 4th Signal Battalion, 9th Infantry Division in the RVN and during the period 5 August 1969 through his expiration term of service date he served with Company B, 5th Battalion, 60th Infantry, 
3rd Brigade, 5th Infantry Division in the RVN.  He received all "excellent" conduct and efficiency ratings.
  
	c.  Item 41 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* ARCOM
* Sharpshooter Marksmanship Qualification Badge
* General Orders (GO) Number 7082, dated 20 June 1969, issued by Headquarters, 9th Infantry Division, Vietnam awarded the applicant the initial ARCOM

4.  Headquarters, II Field Force Vietnam issued the following orders:

   a.  GO Number 3980, dated 12 November 1969, awarding the applicant the AM for meritorious achievement while participating in sustained aerial flight from June to September 1969.

   b.  GO Number 4200, dated 18 November 1969, awarding the applicant the BSM for meritorious service in connection with military operations against a hostile force from May to October 1969.


	c.  GO Number 4282, dated 22 November 1969, awarding him the ARCOM with "V" Device (First Oak Leaf Cluster) for distinguishing himself by heroism in connection with military operations against a hostile force on 29 September 1969, which was after he was discharged.

5.  He was honorably released from active duty on 31 October 1969 and transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 
24 days of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized the following:

* NDSM
* ARCOM
* RVN Campaign Medal with Device (1960)
* VSM

7.  His record is void of orders awarding him the AGCM, or the CIB.

8.  His record is void of documentation showing he was the subject of any disciplinary action during his active duty service.  There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders 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 orders for the AGCM or CIB.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.


11.  Army Regulation 600-8-22 (Military Awards) provides for award of the VSM.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in the Tet 69 Counteroffensive and the Vietnam Summer-Fall campaigns.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

12.  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 the 60th Infantry, 5th Battalion was cited for the following awards:

* RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 20 July 1970 by Department of the Army General Order (DAGO) 55, dated 1971
* RVN Civil Actions Honor Medal for the period 26 Jul 1969 to 20 July 1970 by DAGO 55, dated 1971

13.  Army Regulation 600-70 (Badges), in effect at the time, stated the CIB was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat.  Commanding officers of infantry regiments and separate infantry battalions were the award authorities.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was awarded the CIB; although he served in an infantry battalion, there is no evidence indicating he held an infantry MOS at any time during his Army service.  Therefore he does meet the eligibility requirements for the CIB.

2.  Orders awarded him the AM, BSM, and ARCOM with "V" Device (First Oak Leaf Cluster).  He is entitled to correction of his DD Form 214 to show these awards.

3.  He was awarded the VSM and he participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously-awarded VSM.  

4.  He was awarded the Sharpshooter Marksmanship Qualification Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  He received all "excellent" conduct and efficiency ratings throughout his service, and there is no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 7 November 1967 to 31 October 1969 and to correct his DD Form 214 to show this award.

6.  He served with 60th Infantry, 5th Battalion, during periods for which the unit was awarded the RVN Civil Actions Honor Medal and RVN Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be corrected to show these unit awards.

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 his DD Form 214 the VSM; and

	b.  adding to his DD Form 214 –

* AM
* BSM  
* ARCOM with "V" Device (First Oak Leaf Cluster)
* VSM with two bronze service stars
* RVN Civil Actions Honor Medal
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge




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 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)                                         AR20140017374



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ABCMR Record of Proceedings (cont)                                         AR20140017374



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