IN THE CASE OF: BOARD DATE: 13 March 2014 DOCKET NUMBER: AR20130011440 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 all of his authorized awards, including the: * Army Good Conduct Medal (AGCM) * Vietnam Service Medal (VSM) with three bronze service stars * Meritorious Unit Commendation (MUC) (Navy) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge (CIB) 2. The applicant states he served in the RVN from April through December 1969. He was assigned to the 26th Engineer Battalion (Combat), 198th Infantry Brigade, 23d Infantry (Americal) Division. a. Although he was not in an infantry battalion, his unit often accompanied Americal units into combat. As a demolitions specialist, he performed mine-sweeping operations, land clearing, and landing zone/firebase construction. b. The large number of Soldiers returning from Vietnam in 1969 made it difficult for personnel to determine all of their authorized awards and decorations. c. He was diagnosed with non-Hodgkin's lymphoma on 10 March 2000. He is at the end of the overall survival rate and he wants his daughter and grandchildren to know about his service during the Vietnam War. 3. The applicant provides: * DD Form 214 * four assignment orders * Army Commendation Medal orders * DA Form 137 (Installation Clearance Record) * DA Form 20 (Enlisted Qualification Record) * DA Form 1315 (Reenlistment Data Card) * extracts from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) * extracts from two Department of the Army general orders (DAGO) 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 10 January 1968. He was awarded military occupational specialty (MOS) 12B (Combat Engineer). 3. The applicant received nonjudicial punishment for being absent from his appointed place of duty (i.e., bed check) on 28 December 1968. 4. The applicant's DA Form 20 shows in: a. item 31 (Foreign Service): * Germany from 10 July 1968 through 5 March 1969 * Vietnam from 26 April 1969 through 2 January 1970 b. item 33 (Appointments and Reductions) that he was promoted to specialist five on 16 October 1969; c. item 35 (Record of Assignments): * student (Americal Combat Center), 23d Administration Replacement Detachment, Americal Division, from 29 April through 8 May 1969 * duty MOS 12B, Combat Engineer; Company E, 26th Engineer Battalion, from 9 May through 3 August 1969 * duty MOS 12B, Combat Construction Specialist; Company B, 26th Engineer Battalion, Americal Division, effective 4 August 1969 d. item 41 (Awards and Decorations): * National Defense Service Medal (NDSM) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * VSM * RVN Campaign Medal with Device (1960) * Army Commendation Medal (ARCOM) * one overseas service bar 5. Headquarters, Americal Division, General Orders Number 12475, dated 8 December 1969, awarded the applicant the Army Commendation Medal for meritorious service in the RVN from April 1969 to January 1970. 6. The applicant's DA Form 137 shows he was scheduled to depart Company B, 26th Engineer Battalion, on 28 December 1969 and the acting commander rated his conduct and efficiency as "excellent." 7. The applicant's DD Form 214 shows he was honorably released from active duty on 1 January 1970. a. He completed 1 year, 11 months, and 22 days of total active service during this period that included 1 year, 5 months, and 21 days of foreign service. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the: * NDSM * RVN Campaign Medal with Device (1960) * VSM * one overseas service bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Commendation Medal 8. A review of the applicant's military personnel records failed to reveal any evidence that he was awarded or authorized any additional decorations. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal copies of any additional award orders pertaining to the applicant. 10. On 26 August 1992, the Chief, Special Actions Division, Veteran Services Directorate, U.S. Army Reserve Personnel Center, St. Louis, MO, responded to a Senatorial inquiry on behalf of the applicant and advised him the applicant was authorized, in part, award of the AGCM. 11. He provided the following documentation: a. Headquarters, 4th Armored Division, Special Orders (SO) Number 7, dated 7 January 1969, reassigning him from Company A, 24th Engineer Battalion, Germany, to the U.S. Army Replacement Detachment, Fort Lewis, WA, on or about 30 April 1969 for onward movement to the RVN as an enlisted volunteer. b. Headquarters, U.S. Army Vietnam (USARV) Transient Detachment, SO Number 118, dated 29 April 1969, reassigning him from the USARV Transient Detachment to the 39th Engineer Battalion (Combat) effective 4 May 1969. c. Headquarters, Americal Division, issued the following SO: * SO Number 124, dated 4 May 1969, reassigned him from the 23d Adjutant General Administration Company Replacement Detachment to Company E, 26th Engineer Battalion, effective 9 May 1969 * SO Number 213, dated 1 August 1969, reassigned him from Headquarters and Headquarters Company, 26th Engineer Battalion, to Company B, 26th Engineer Battalion, effective 4 August 1969 * SO Number 279, dated 6 October 1969, authorized him to perform hazardous (demolitions) duty effective 19 August 1969 * SO Number 331, dated 27 November 1969, as amended by SO Number 361, dated 27 December 1969, reassigned him from Company B, 26th Engineer Battalion, to the USARV Returnee Detachment effective 29 December 1969 12. Item 38 (Record of Assignments) of the applicant's DA Form 20 and his DA Form 137, dated 28 December 1969, show he received all "excellent" conduct and efficiency ratings throughout his military service. A review of the applicant's military personnel records failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). 13. 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 the 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. 14. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. Paragraph 2-13 states a bronze service star is authorized with award of the VSM for each Vietnam campaign a member is credited with participating in. b. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Tet 69 Counteroffensive 1969 (23 February-8 June 1969) * Vietnam Summer-Fall 1969 (9 June-31 October 1969) * Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) 15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows: * the 26th Engineer Battalion was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 24 August 1969 through 31 December 1969 in DAGO Number 42, dated 1972 * Company E, 26th Engineer Battalion, was cited for award of the MUC (Navy) for the period 1 July 1968 through 31 May 1969 in DAGO Number 32, dated 1973 16. Army Regulation 600-8-22 states the CIB is awarded to infantry officers and to enlisted Soldiers and warrant officers who hold an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. Additionally, appendix V of USARV Regulation 672-1 (Decorations and Awards) stated the CIB was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H during the Vietnam era. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show award of the AGCM, VSM with three bronze service stars, MUC (Navy), RVN Gallantry Cross with Palm Unit Citation, CIB, and any other decorations he is authorized. 2. The evidence of record shows the applicant performed duty in MOS 12B and he was assigned to the 26th Engineer Battalion while serving in the RVN. a. There is no evidence that shows the applicant was assigned or attached to an infantry unit of brigade, regimental, or smaller size which was engaged in active ground combat and that he was personally present and under fire during such ground combat. b. Based on the evidence of record, he was not eligible for award the CIB. 3. The evidence of record shows: a. 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. b. GO awarded the applicant's units the following during his period of assignment: * MUC (Navy) * RVN Gallantry Cross with Palm Unit Citation 4. The applicant served a period of continuous, honorable active duty enlisted service from 10 January 1968 through 1 January 1970. a. The applicant received nonjudicial punishment on one occasion. There is no evidence of any other disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to specialist five/E-5 and he received all "excellent" conduct and efficiency ratings during his service. c. He was awarded the ARCOM for meritorious service in the RVN from April 1969 to January 1970. 5. Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 10 January 1968 through 1 January 1970. 6. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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. awarding him the AGCM (1st Award) for the period 10 January 1968 through 1 January 1970 (Standard Name Line: SP5 Company B, 26th Engineer Battalion, Americal Division); b. deleting award of the VSM from his DD Form 214; and c. adding the following awards to his DD Form 214: * AGCM (1st Award) * VSM with three bronze service stars * MUC (Navy) * RVN Gallantry Cross with Palm Unit Citation 2. The Board further determined 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 award of 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) AR20130011440 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130011440 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1