AR20140000110

IN THE CASE OF

BOARD DATE: 7 August 2014

DOCKET NUMBER: AR20140000110

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 he was awarded the Bronze Star Medal (BSM) with “V” Device, Combat Infantryman Badge (CIB), and Army Commendation Medal (ARCOM).

2. The applicant states the evidence will show he was either awarded, or should have been awarded, those awards based on his combat service from September 1970 to October 1971.

3. The applicant provides copies of his DD Form 214, a three-page letter explaining his application, and a copy of a letter he sent to his mother in which he informed her that he had been recommended for award of the BSM with “V” Device.

CONSIDERATION OF EVIDENCE:

1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3years 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 enlisted in the Regular Army on 26 March 1970 for a period of 2 years. He completed his basic training at Fort Bragg, NC and his advanced individual training at Fort Ord, CA. He was trained in military occupational specialty (MOS) 11B (Light Weapons Infantryman). Following the completion of his MOS training, he was reassigned to the Republic of Vietnam.

3. On 22 September 1970, he was assigned to Company A, 1st Battalion, 46th Infantry Regiment.

4. On 14 February 1971, he sustained shrapnel wounds during combat operations and on 15 March 1971, he was awarded the Purple Heart.

5. General Orders Number 04508, issued by Headquarters, 23rd Infantry Division on 19 April 1971, awarded him the ARCOM for meritorious achievement during the period 1 October 1970 to 31 March 1971.

6. He served in two campaigns during his period of service in the Republic of Vietnam. On 29 October 1971, he departed the Republic of Vietnam and was reassigned to Fort Lewis, WA.

7. On 30 October 1971, he was honorably released from active duty (REFRAD) as an overseas returnee. His DD Form 214 issued at the time of his REFRAD shows he served 1 year, 7 months and 15 days of active service. It further shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Purple Heart, Good Conduct Medal, and Republic of Vietnam Campaign Medal with Device (1960).

8. A review of his official records failed to show any orders indicating he was awarded the BSM or CIB.

9. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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

11. Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3July 1965 through 28March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1. The applicant was awarded the ARCOM in duly-authenticated orders. It appears that as a result of administrative oversight, it was not added to his DD Form 214 at the time of his REFRAD. Accordingly, it should be added at this time.

2. He served as an infantryman and was assigned to an infantry unit at the time he was wounded as a result of enemy action on 14 March 1971. Accordingly, he qualifies for and should be awarded the CIB effective 14 March 1971, and it should be added to his DD Form 214.

3. He served in two campaigns and is entitled to wear two bronze service stars on his previously-awarded Vietnam Service Medal, and to have them added to his DD Form 214.

4. His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period in which he was assigned. Therefore, he is entitled to have that unit award added to his DD Form 214.

5. However, there is no evidence that shows he was awarded the BSM with “V” Device, or that shows he was recommended for the BSM and it was never processed to completion. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to add the BSM with “V” Device to his DD Form 214.

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:

* awarding him the CIB, effective 14 March 1971
* amending his DD Form 214 to delete the Vietnam Service Medal
* amending his DD Form 214 to add the:

* ARCOM
* Vietnam Service Medal with two bronze service stars
* CIB
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 amending his DD Form 214 to show he was awarded the BSM with “V” Device.

3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. 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) AR20140000110

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ABCMR Record of Proceedings (cont) AR20140000110

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