RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 October 2007
	DOCKET NUMBER:  AR20070009257 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Rial D. Coleman

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry

Chairperson

Mr. William Blakely

Member

Mr. Michael J. Flynn

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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Bronze Star Medal with "V" Device, Combat Infantryman Badge, Certificate of Appreciation for Active Duty Service, and any unit awards to which he is entitled.

2.  The applicant states, in effect that the above awards were not placed on his DD Form 214.  He contends the incompleteness of his records is interfering with his ability to obtain benefits from the Department of Veterans Affairs.

3.  The applicant provides copies of his DD Form 214, DD Form 47 (Record of Induction), DA Form 20 (Enlisted Qualification Record), Bronze Star Medal Certificate, Army Commendation Medal Certificate, Honorable Discharge Certificate, and his Department of the Army Certificate of Appreciation for Active Duty Service as documentary evidence in support of this application.

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's record shows that he was inducted into the Army of the United States on 17 May 1968.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 11B (Rifleman).  The highest rank he attained while serving on active duty was specialist-four/pay grade E-4.  The applicant served a tour of duty in the Republic of Vietnam during the period of
4 February 1969 through 3 February 1970.

3.  The applicant's record shows that he served in the 3rd Battalion of the 187th Infantry Regiment of the 101st Airborne Division (Airmobile) during his tour of duty in the Republic of Vietnam.
4.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Bronze Star Medal with "V" Device.

5.  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 Combat Infantryman Badge.  There are no indications in the applicant's service personnel records which show that he was awarded the Combat Infantryman Badge.

6.  Item 24 of the applicant's DD Form 214 shows award of the Army Commendation Medal.  His record also contains a copy of Headquarters 101st Airborne Division (Airmobile) General Orders Number 10604, dated 16 August 1969, awarding him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam.

7.  Headquarters 101st Airborne Division (Airmobile) General Orders Number 850, dated 2 February 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force.  There is no mention of the "V" Device in the applicant's record.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.
12.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism, gallantry, determination and esprit de corps in action. 

13.  Army Regulation 600-8-22 states, in pertinent part, that the Meritorious Unit Commendation is awarded for outstanding wartime service of at least six continuous months.  Stateside units and those outside the area of operations are excluded.

14.  Army Regulation 600-8-200 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.

15.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam, the 3rd Battalion of the 187th Infantry Regiment of the 101st Airborne Division (Airmobile), was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period of 19 July 1968 through 14 May 1969 by Department of the Army General Orders Number 43, dated 1970.

16.  Department of the Army Pamphlet 672-3 also shows the unit the applicant was assigned to while serving in the Republic of Vietnam, the United States Army Depot, Long Binh, was cited for award of the Meritorious Unit Commendation for actions during the period of 1 September 1968 through 
31 July 1969 by Department of the Army General Orders Number 39, dated 1970.

17.  Department of the Army Pamphlet 672-3 also shows the unit the applicant was assigned to while serving in the Republic of Vietnam, the 3rd Battalion of the 187th Infantry Regiment of the 101st Airborne Division (Airmobile), was cited for award of the Presidential Unit Citation for actions during the period 10-21 May 1969 by Department of the Army General Orders Number 16, dated 1972.

18.  Department of the Army Pamphlet 672-3 also shows the unit the applicant was assigned to while serving in the Republic of Vietnam, the 3rd Battalion of the 187th Infantry Regiment of the 101st Airborne Division (Airmobile), was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period of 3 October 1968 through 2 May 1970 by Department of the Army General Orders Number 48, dated 1971.

19.  Item 24 of the applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.

20.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

21.  The applicant's records show he participated in four campaigns during his service in the Republic of Vietnam:  the Vietnam Counteroffensive-Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970.

22.  The applicant's records show he was awarded a Department of the Army Certificate of Appreciation in recognition of his active duty service.

23.  Table 2-1 of Army Regulation 600-8-104 (Military Personnel Information Management/Records), in pertinent part, indicates that certificates of appreciation should be filed in the Commendatory and Disciplinary section of the Official Military Personnel File (OMPF).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he was awarded the Bronze Star Medal with "V" Device, Combat Infantryman Badge, Certificate of Appreciation for Active Duty Service and any unit awards to which he is entitled was carefully considered and determined to be with partial merit.

2.  The applicant's records show that he was awarded and served in an infantry MOS while assigned to an infantry unit of brigade, regimental or smaller size.  He qualified for award of the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force while assigned to this unit.  His unit of assignment received numerous unit awards for heroism and gallantry during his tenure in the unit.  Therefore, there is sufficient evidence showing that the applicant met the criteria for award of the Combat Infantryman Badge in this case.

3.  General Orders awarded the applicant the Bronze Star Medal.  Therefore, the applicant is entitled to have his records corrected to show this award.

4.  There is no mention of the "V" Device on the orders awarding the Bronze Star Medal, the certificate, or in the applicant's record.  In the absence of substantiating documentation, there is insufficient evidence upon which to base award of the "V" Device.

5.  General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

6.  General Orders show the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

7.  General Orders show the applicant is entitled to award of the Meritorious Unit Commendation.  Therefore, he is entitled to have his records corrected to show this unit award.

8.  General Orders show the applicant is entitled to award of the Presidential Unit Citation.  Therefore, he is entitled to have his records corrected to show this unit award.

9.  Records show that the applicant was awarded the Vietnam Service Medal.  Evidence shows that he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already awarded Vietnam Service Medal.

10.  Records show the applicant was awarded a Department of the Army Certificate of Appreciation in recognition of his active duty service. Therefore, the applicant is entitled to have this certificate added to his Official Military Personnel File.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___HOF_  __WB	_  __MJF__  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 to show award of the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, the Presidential Unit Citation, and four bronze service stars to be affixed to his already awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented was sufficient to warrant addition of the applicant's Department of the Army Certificate of Appreciation to his Official Military Personnel File.

3.  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 the "V" device to be affixed to his already awarded Bronze Star Medal, and adding the applicant's Department of the Army Certificate of Appreciation to the DD Form 214.





_____Hubert O. Fry_____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.