IN THE CASE OF:	  

	BOARD DATE:	  13 May 2008

	DOCKET NUMBER:  AR20080004417 


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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).  He also requests any awards and decorations to which he may be entitled.  

2.  The applicant states, in effect, that based on his second award of the Combat Infantryman Badge he is entitled to award of the Bronze Star Medal.

3.  The applicant provides a copy of his DD Form 214. 

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 on 14 December 1967.  He arrived in Vietnam on 
21 May 1968.  He served as a light weapons infantryman assigned to Company E, 1st Battalion, 12th Infantry of the 4th Infantry Division in Vietnam from 7 June 1968 through 22 February 1969.  He was assigned to the Security Guard Company in Vietnam from 25 February 1969 through 16 May 1969.  On 
12 December 1969, the applicant was released from active duty in the temporary rank of sergeant after completing 1 year, 11 months, and 29 days of creditable active service with no time lost.  
  
3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, the Army Commendation Medal, two awards of the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal with Device (1960), two awards of the Overseas Service Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  Headquarters, 4th Infantry Division Special Orders Number 256, dated 
12 September 1968, show the applicant received the first award of the Combat Infantryman Badge.

5.  Headquarters, 4th Infantry Division Special Orders Number 55, dated 
24 February 1969, show the applicant received the first award of the Combat Infantryman Badge.

6.  There is no evidence to show the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

7.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit (1st Battalion, 12th Infantry) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 3, dated 1970. 

9.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit (1st Battalion, 12th Infantry) was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

12.  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.  

13.  Army Regulation 600-8-22 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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The regulation also states, in pertinent part, that a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in any of three conflicts:  (1) World War II; (2) the Korean Conflict (27 June 1950 to 27 July 1953), and the Vietnam Conflict.  



DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received two first awards of the Combat Infantryman Badge for his service in Vietnam.  In accordance with the governing regulation, he is only eligible for one award of the Combat Infantryman Badge for his service in Vietnam.  The second order was issued in error.

2.  The governing regulation states that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge or the Combat Medical Badge for service during World War II.  Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal in this case. 

3.  The applicant was separated in the temporary rank of sergeant with almost 
2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period
14 December 1967 through 12 December 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

4.  The applicant participated in four campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with four bronze service stars.

5.  The applicant’s unit (1st Battalion, 12th Infantry) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, these unit awards should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XX____  __XX____  __XX___  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 by:

	a.  awarding him the first award of the Good Conduct Medal for the period 14 December 1967 through 12 December 1969; and

	b.  amending his DD Form 214 to add the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal.

2.  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 award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).  




       _    ___XX__   ___
       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)                                         AR20080004417





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ABCMR Record of Proceedings (cont)                                         AR20080004417



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