RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 February 2004
         DOCKET NUMBER: AR2003088823

         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Curtis L. Greenway		Member
Ms. Regan K. Smith		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that the Bronze Star Medal (BSM) be added to his record.

2. The applicant states, in effect, that the BSM he earned upon the completion of his tour in the Republic of Vietnam (RVN) was not added to his separation document.

3. The applicant provides a copy of a BSM award certification and the accompanying citation in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred during his active duty service, which ended on 2 August 1969. The application submitted in this case is dated 13 March 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s record shows that he was inducted into the Army and entered active duty on 8 November 1967. He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Infantryman) and the highest rank he attained while serving on active duty was sergeant (SGT).

4. The applicant’s Enlisted Qualification Record (DA Form 20) shows that he served in the RVN from 21 October 1968 through 31 July 1969. It also shows that while serving in the RVN, he was assigned to Company D, 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division, performing duties in MOS 11B as an infantry team leader.

5. Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows that he received “Excellent” conduct and efficiency ratings at each of his active duty assignments. Item 41 (Awards and Decorations) indicates that during his tenure on active duty, he was awarded the National Defense Service Medal, Vietnam Service Medal, and Army Commendation Medal.

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6. The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of General Orders Number 4871, dated 19 May 1969, issued by Headquarters, 101st Airborne Division, RVN. These orders awarded the applicant the Army Commendation Medal, for meritorious achievement in the RVN from 1 November 1968 through 31 March 1969.

7. The MPRJ contains no derogatory information or unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal.

8. On 2 August 1968, the applicant was honorably released from active duty. At the time of his separation, he held the rank of SGT and he had completed a total of 1 year, 8 months, and 25 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards earned by the applicant during his tenure on active duty: National Defense Service Medal; Army Commendation Medal; Vietnam Service Medal; and Vietnam Campaign Medal.

9. The BSM citation provided by the applicant was issued by the 101st Airborne Division and indicates that the applicant was awarded the BSM for meritorious service in connection with ground operations against a hostile force in the RVN during the period 1 November 1968 to 20 June 1969.

10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

11. Table B-1 of the awards regulation contains a list of campaigns and it
shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET Counteroffensive 1969, and Vietnam
Summer-Fall 1969 campaigns.

12. Paragraph 3-13 of the same regulation contains guidance on the award of the BSM. It states, in pertinent part, that it may be awarded for meritorious achievement or service 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.

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13. Chapter 4 of the awards regulation prescribes the policy for award of the Army Good Conduct Medal. It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940, however, for the first award only, a period of more than one year is a qualifying period if the award is issued at the termination of a period of Federal service. While there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

14. Chapter 8 of the awards regulation contains guidance on awarding Badges and Tabs. Paragraph 8-6 contains the criteria for awarding the Combat Infantryman Badge. It states, in pertinent part, that there are basically three requirements for award of the Combat Infantry Badge; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.

15. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicant’s unit (2nd Battalion, 501st Infantry Regiment) earned the Presidential Unit Citation, RVN Gallantry Cross Unit Citation with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record confirms that the applicant served in the 501st Infantry Regiment of the 101st Airborne Division during the period of service recognized in the BSM citation he provides. There is no reason to question the validity of the BSM citation provided by the applicant.

2. Further, the applicant’s service record is consistent with the meritorious service outlined in the BSM citation provided. Therefore, it is concluded that the BSM citation represents an end of tour service award earned by the applicant for his meritorious service in the RVN, and that this award was erroneously omitted from his record. Thus, it would appropriate to add the BSM to his record at this time.

3. The evidence of record further shows that during his combat tour in the RVN, the applicant was serving in an infantry MOS with a qualifying infantry unit and participated with this unit while it was engaged in action against the enemy. As a result, the applicant clearly met the criteria necessary to receive the Combat Infantryman Badge and it would be also be appropriate to add this award to his record.
4. Absent derogatory information that would preclude the applicant from receiving the Army Good Conduct Medal or a specific disqualification from any of the active duty unit commanders for whom he served, the applicant is entitled to receive the first award of the Army Good Conduct Medal based on his qualifying period of honorable active duty service from 8 November 1967 through 2 August 1969.

5. The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is also entitled to the Presidential Unit Citation, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars with his Vietnam Service Medal.

BOARD VOTE:

_ _RKS___ __SAC___ __CLG_ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. awarding him the Bronze Star Medal, for meritorious service in connection with ground operations against a hostile force in the RVN for the period 1 November 1968 through 30 June 1969;

b. awarding him the first award of the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 8 November 1967 through 2 August 1969;

c. showing that based on his service in an infantry MOS in a qualifying infantry unit during his combat tour in the RVN, he is entitled to the Combat Infantryman Badge;

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d. showing that based on his unit service and campaign participation in the RVN, he is entitled to the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars with his Vietnam Service Medal; and

e. providing him a corrected separation document that includes these awards.




                  Samuel A. Crumpler
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088823
SUFFIX
RECON
DATE BOARDED	2004/02/03
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1969/08/02
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Overseas Returnee
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 60	107.0014
3.
4.
5.
6.