IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140020931 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the awards of the Army Commendation Medal (ARCOM), Air Medal, and Combat Infantryman Badge (CIB).

2.  The applicant states that he does not know why his awards of the ARCOM, Air Medal and CIB are missing from his DD Form 214 but they are awards that he earned and should have been included on his DD Form 214 as he served his country when asked and they should have been documented on his DD Form 214.

3.  The applicant provides copies of certificates for the ARCOM and Air Medal and a certificate provided by his platoon sergeant to document his entitlement to award of the CIB.

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 in Seattle, Washington on 23 March 1971.  He completed his one-station unit training as an infantry indirect fire crewman at Fort Lewis, Washington before being transferred to Vietnam on 14 September 1971.

3.  He was initially assigned to Company E, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade and on 3 November 1971, he was assigned to Company B, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade.  On 26 June 1972, he was assigned to Company C, 3rd Battalion, 21st Infantry Regiment.

4.  He served in three campaigns and departed Vietnam on 15 August 1972 for assignment to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) in the rank of specialist four on 12 December 1972 to accept seasonal employment.  He had served 1 year,       8 months and 20 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Vietnam Service Medal with one bronze service star, National Defense Service Medal, and the Republic of Vietnam Campaign Medal.

5.  A review of his official records shows that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  However, there is no indication that he was awarded the CIB or that he met all of the qualifications for award of the CIB. 

6.  General Orders Number 206 issued by issued by Headquarters, U.S. Army Support Element Military Region 1 on 29 July 1972 awarded the applicant the ARCOM for meritorious service for the period 14 September 1971 to 31 July 1972.

7.  General Orders Number 209 issued by issued by Headquarters, U.S. Army Support Element Military Region 1 on 30 July 1972 awarded the applicant the Air Medal for meritorious service for the period 14 September 1971 to 23 July 1972.

8.  The certificate provided by the applicant from his platoon sergeant appears to be a certificate fabricated by the platoon sergeant and indicates that he personally witnessed the applicant participating in numerous combat fire missions against the enemy during the period of 1971 – 1972. 

9.  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 and in pertinent part, 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.

10.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Announcement in orders is required.

11.  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 applicant’s units were cited for the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign in which a member participates and in this case is worn on the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s official records contain duly authenticated orders awarding him the ARCOM and Air Medal.  Accordingly, they should be added to his DD Form 214.

2.  The applicant served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

3. After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 23 March 1971 through 12 December 1972.  This conclusion is based on the fact that his record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.  The evidence further suggests that the applicant's not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award.

4.  The applicant’s units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The applicant’s contention that his DD Form 214 should reflect the award of the CIB has been carefully considered along with the supporting statement from his platoon sergeant (PSG).  However, neither the applicant nor the PSG provide any specific dates or events that relate to when he met the qualifications for award of the CIB and his records do not contain orders or any other information that establishes that he met the criteria for award of the CIB or that he was recommended for the award.  

 BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___x____  ___x____  GRANT PARTIAL RELIEF

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:

* deleting the award of the Vietnam Service Medal with one bronze service star from item 24 of his DD Form 214
* awarding him the AGCM (1st Award) for the period 23 March 1971 through 12 December 1972
* adding the awards of the AGCM (1st Award), ARCOM, Air Medal, Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of 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 awarding him the CIB.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.
  




      _______ _   _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)                                         AR20140020931





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ABCMR Record of Proceedings (cont)                                         AR20140020931



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