RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060012921 


	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. Gerard W. Schwartz

Acting Director

Ms. Loretta D. Gulley

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland S. Venable

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

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


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Bronze Star Medal and the Combat Infantryman Badge (CIB). 

2.  The applicant states, in effect, that his CIB and Bronze Star Medal are not  listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).   

3.  The applicant provided a copy of his DD Form 214 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 10 September 1971.  The application submitted in this case is dated
14 August 2006.

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 limitations 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 Board noted the applicant's request for award of the Bronze Star.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list the Bronze Star as an authorized award.  There is no evidence that he was awarded or was recommended for award of the Bronze Star.  The applicant has not exhausted the administrative remedy available to him under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence regarding submission of a recommendation for award of the Bronze Star under this provision of law.  As a result, award of the Bronze Star requested by the applicant is not discussed further in these Proceedings.

4.  The applicant's DD Form 214 shows that he was inducted into the Army of the United States on 4 September 1969.  He was awarded the military occupational specialty (MOS) Light Weapons Infantryman (11B).  The highest rank he attained while serving on active duty was Private First Class (E-3). 
5.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 14 April 1970 through 8 February 1971, and that during his RVN tour he was assigned to Company D, 2nd Battalion, 60th Infantry Regiment; 3rd Battalion, 187th Infantry Regiment; and with the 2nd Battalion, 501st Infantry Regiment performing duties in MOS 11B, Rifleman. 

6.  Item 39 (Campaigns) of the applicant's DA Form 20 shows that he participated in the Vietnam Winter-Spring 1970 Campaign.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the National Defense Service Medal (NDSM), the Army Commendation Medal (ARCOM), the Vietnam Service Medal (VSM), the Combat Infantryman Badge, and the Air Medal.  

8.  On 10 September 1971, the applicant was released from active duty with a general discharge under honorable conditions and transferred to the United States Army Reserves (USAR) after completing a total of 1 year, 8 months, and 22 days of active military service.  The DD Form 214 he was issued shows he earned the following awards during his active duty tenure:  the Republic of Vietnam Campaign Medal (RVNCM) with Device 1960, the VSM with one bronze service star, one Overseas Service Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the CIB.    

10.  Special Orders Number 123, dated 3 May 1970, Headquarters, 3rd Brigade, 9th Infantry Division shows that the applicant was awarded the CIB.

11.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  General Orders Number 3593, dated 6 September 1970, Headquarters,
II Field Force Vietnam shows the applicant was awarded the Air Medal.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  General Orders Number 3610, dated 7 September 1970, Headquarters, II Field Force Vietnam shows the applicant was awarded the ARCOM.

15.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Paragraph 2-13 provides guidance on the VSM.  It states, in pertinent part, that one bronze service star is authorized for each RVN campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns, and it shows that during his tenure of assignment, the applicant was credited with participating in the Vietnam Winter-Spring 1970 Campaign, the DA Sanctuary Counteroffensive Campaign, and the Vietnam Counteroffensive, Phase VII campaign.

17.  Army Regulation 600-8-200 (Military Awards) provides in pertinent part that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.

18.  Department of the Army Pamphlet 672-3 also shows that, at the time the applicant was assigned to the 3rd Battalion, 187th Infantry Regiment, the unit
was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 3 October 1968 to 2 May 1970 by Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge.

2.  General Orders Number 123, dated 3 May 1970 show the applicant was awarded the CIB which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.
3.  General Orders Number 3593, dated 6 September 1970 show the applicant was awarded the Air Medal which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

4.  General Orders Number 3610, dated 7 September 1970, show the applicant was awarded the Army Commendation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

5.  Records show the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already awarded VSM.

6.  General Orders Number 51, dated 1971, show the 3rd Battalion, 503rd Infantry Regiment awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant’s unit while he was assigned there.  It is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

7.  General Orders Number 48, dated 1971, shows the 3rd Battalion, 187th Infantry Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 September 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 September 1974.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the relief being granted.

BOARD VOTE:

___JEA_  __SWF_  __RSV     _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.  deleting the Vietnam Service Medal w/1 bronze star from his DD form 214, dated 10 September 1971; and

b.  adding the Combat Infantryman Badge, the Army Commendation
Medal, the Air Medal, the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




_____James E. Anderholm_____
          CHAIRPERSON






INDEX

CASE ID
AR20060012921
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/03/06
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.

2.

3.

4.

5.

6.