BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160013369 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160013369 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 adding the following awards to his 28 June 1968 DD Form 214. * National Defense Service Medal * Republic of Vietnam 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 any relief in excess of that described above. ______________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. BOARD DATE: 10 April 2018 DOCKET NUMBER: AR20160013369 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, the spouse of a deceased former service member (FSM), requests, in effect, correction of the FSM's record to show award of the Combat Infantryman Badge (CIB), National Defense Service Medal (NDSM), Air Gallantry Cross (i.e., the Republic of Vietnam Gallantry Cross), and a Valorous Unit Award (VUA). 2. The applicant states the medals were never listed on the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 28 June 1968, or his DD Form 215 (Correction to DD Form 214), dated 28 July 1970. 3. The applicant provides: * Certificate of Death * 5 pages of Wikipedia information * Permanent Orders 32-3 – Army Reserve Components Achievement Medal * Permanent Orders 55-2 – Reserve Component Primary Noncommissioned Officer Class * Permanent Orders 26-3 – Emergency Service Ribbon * Permanent Orders 82-4 – Humanitarian Service Medal 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 FSM enlisted in the U.S. Marine Corps on 28 June 1960. On 30 April 1965 he was honorably released from active duty and transferred to the U.S. Marine Corps Reserve. His DD Form 214 shows he served 4 years, 10 months and 3 days total active service with 1 year, 11 months and 23 days foreign and/or sea service. He was awarded the Good Conduct Medal. 3. The FSM entered active duty in the Regular Army (RA) on 1 July 1965. 4. On 28 June 1968, he was honorably discharged at the expiration of his term of service. His DD Form 214 for this period shows he completed 2 years, 11 months, and 28 days of net service during this period. This form further shows he completed 3 years foreign and/or sea service in the U.S. Army Pacific. His last duty assignment and major command is listed as Company S, Quartermaster Brigade, Fort Lee, VA. His military occupational specialty is shown as 11B (Light Weapons Infantryman). On 28 July 1970 a DD Form 215 corrected his DD Form 214 showing he received the following awards: * Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Air Medal with 2 silver oak leaf clusters (i.e., 11 awards of the Air Medal) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 5. The FSM's record contains a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) which shows on 18 February 1976, the FSM enlisted in the Army National Guard (ARNG). On 31 March 1996, he was discharged from the ARNG and transferred to the U.S. Army Reserve Control Group (Retired Reserve). His NGB Form 22 shows he received numerous awards and decorations to include two NDSMs; however, there is no evidence he received the VUA, CIB or the Republic of Vietnam Gallantry Cross. 6. 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, failed to reveal any CIB orders for him. 7. The applicant provides orders which post-date the FSM's service in Vietnam. She further provides documents pertaining to the 170th Aviation Company; however, none of the documents confirm the FSM served in that unit. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The VUA is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963. This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation. Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict. The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual. b. The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. The NDSM is not authorized for Soldiers who met the criteria for in a time period, left active duty, and returned during the same period of eligibility. c. There are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. Paragraph 6d states Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. 3. Army Regulation 635-5 (Personnel Separation – Separation Documents), in effect at the time, stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. For item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) enter awards, etc., awarded or authorized during the period covered by the DD Form 214. 4. Army Regulation 15-185 (ABCMR), paragraph 2-5, states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The Board begins its consideration of each case with a presumption of regularity; that is, what Army records reflect is correct and the burden of proving otherwise rests with the applicant. Unfortunately, the available records are void of evidence definitively showing the FSM's unit and time served in the Republic of Vietnam. As such, it cannot be determined if he served in a unit in Vietnam during a period for which the unit was awarded the VUA. 2. There is no evidence of record that indicates the FSM was recommended for or awarded the CIB. By regulation, in order to qualify for award of the CIB there must be evidence not only that the member held and served in an infantry specialty/MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces. Award of the CIB is announced in permanent orders. 3. Evidence shows the FSM served on active duty during two separate periods during the period 1 January 1961 to 14 August 1974. There is a provision of the regulation for this era of service that only one award of the NDSM is authorized for a Soldier who enlists, is released or discharged, and then reenlists during a single period of eligibility for the NDSM. 4. The FSM served in Vietnam based on the Vietnam Service Medal shown on his June 1968 DD Form 214. It also shows his foreign service in the U.S. Army Pacific was 3 years. It appears he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 5. A DD Form 214 is prepared at the time of release from active duty. Regulatory guidance shows only awards, badges, decorations, etc. earned during the period of active duty service are shown on the DD Form 214. The award orders provided by the applicant were awarded after the FSM's period of active duty service; therefore, there is no requirement to add them to his June 1968 DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013369 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013369 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2