IN THE CASE OF:	  

		BOARD DATE:	       18 September 2008

		DOCKET NUMBER:  AR20080005767 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add the Combat Infantryman Badge (CIB), two awards of the Bronze Star Medal, the Republic of Vietnam Campaign Medal with device (1960), and all other awards he earned, both individual and unit awards.

2.  The applicant states that his DD Form 214 does not reflect all his awards.

3.  The applicant provides his DD Form 214 and a letter, dated 30 April 1971.

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 into the Army on 4 February 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to the 23d Administration Replacement Detachment on 20 January 1970.  He was assigned to Company B, 4th Battalion, 3d Infantry, on 27 January 1970 and performed duties as a team leader, MOS 11B40.

4.  Orders, dated 4 July 1970, awarded the applicant the Army Commendation Medal for meritorious achievement.  Orders, dated 13 October 1970, awarded the applicant a second Army Commendation Medal for meritorious achievement. 

5.  The applicant departed Vietnam on or about 7 December 1970 after being credited with participation in three campaigns.

6.  On 7 December 1970, the applicant was honorably released from active duty, in the rank and grade of Sergeant, E-5, after completing 1 year, 8 months, and   4 days of creditable active service with no lost time.

7.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal (1st Oak Leaf Cluster), the Sharpshooter Marksmanship Qualification Badge (Rifle M14) and the Sharpshooter Marksmanship Qualification Badge (Rifle M16).

8.  The applicant’s records contain no orders awarding him the CIB or any Bronze Star Medals.  However, his records contain the same letter, dated         30 April 1971, that the applicant provided.  This letter indicates that the Office of the Adjutant General, U. S. Army Administration Center, forwarded to the Commanding General, Fourth U. S. Army, a copy of Headquarters, Americal Division, General Orders Number 16138, dated 13 December 1970, awarding the applicant the Bronze Star Medal.

9.  The applicant’s records contain no derogatory information.  His DA Form      20 (Enlisted Qualification Record) shows his conduct and efficiency were rated as “excellent” throughout his service.

10.  Army Regulation 600-8-22 (Military Awards) provides for award of the CIB to a Soldier who is an infantryman satisfactorily performing infantry duties, who is 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.  

11.  Army Regulation 600-8-22 provides for award of the Bronze Star Medal in time of war for heroism and for meritorious achievement or service.

12.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with device (1960) to personnel who have served in the Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March 1973, inclusive, or served for less than 6 months and were wounded by hostile forces.

13.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal. 

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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.  

15.  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 that, at the time of the applicant's assignment to the 4th Battalion, 3d Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970 by Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provides none to show he was awarded two awards of the Bronze Star Medal.  However, the 30 April 1971 letter is accepted as sufficient evidence to show he was awarded one award of the Bronze Star Medal.  Therefore, his DD Form 214 should be amended to add one award of the Bronze Star Medal.

2.  The applicant’s records do not contain orders awarding him the CIB.  It is recognized that he was awarded two awards of the Army Commendation Medal and one confirmed, as indicated above, award of the Bronze Star Medal.  However, the Army Commendation Medals were awarded for meritorious achievement, and it is not known why the Bronze Star Medal was awarded.  

There is insufficient evidence to show the applicant met the CIB eligibility criterion of having actively participated in ground combat with his unit and therefore insufficient evidence to add the CIB to his DD Form 214.

3.  The applicant met the eligibility criteria for award of the Republic of Vietnam Campaign Medal with device (1960).  Therefore, this award should be added to his DD Form 214.

4.  The applicant was credited with participation in three campaigns and is therefore eligible to wear three bronze service stars on his Vietnam Campaign Medal.  His DD Form 214 should be amended to reflect this fact.

5.  The applicant was honorably released from active duty, in the rank and grade of Sergeant, E-5, after completing over 20 months of creditable active service with no lost time.  His records contain no derogatory information, and his conduct and efficiency were rated as “excellent” throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.

6.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award 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 Army Good Conduct Medal for the period 4 February 1969 through 7 December 1970; and

     b.  amending his DD Form 214 to add the Bronze Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Campaign Medal with device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is eligible to wear three bronze service stars 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 adding the Combat Infantryman Badge or a second award of the Bronze Star Medal to his DD Form 214.  




      _______ _xxxx______   ___
               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)                                         AR20080005767



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ABCMR Record of Proceedings (cont)                                         AR20080005767



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