IN THE CASE OF:	  

		BOARD DATE:	  5 August 2008

		DOCKET NUMBER:  AR20080008289 


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, that the Combat Infantryman Badge (CIB); Bronze Star Medal (BSM), 1st Oak Leaf Cluster (2nd Award); and all other unit awards to which he is entitled be added to Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214).

2.  The applicant states, in effect, that he was told only 6 awards could be listed on his separation document.

3.  The applicant provides no additional documentary evidence in support of his 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 he enlisted into the Regular Army and entered active duty on 21 December 1967.  He successfully completed basic combat training and advanced individual training (AIT) at Fort Polk, Louisiana.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 
11B (Light Weapons Infantryman).

3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in Item 31 (Foreign Service), that he served in the Republic of Vietnam (RVN) from 3 June 1968 to 12 August 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 3rd Squadron, 5th Cavalry Regiment, 
9th Infantry Division.  

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM); Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster with "V" (Valor) Device; CIB; BSM; Aircraft Crewman Badge; Army Good Conduct Medal (AGCM); Vietnam Service Medal (VSM); RVN Presidential Unit Citation (RVNPUC); RVN Campaign Medal (RVNCM) with Device 1960; RVN Gallantry Cross (RVNGC) with Palm Unit Citation; RVN Civil Actions Honor Medal 1st Oak Leaf Cluster (2nd Award); and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

5.  The applicant's record contains Headquarters, United States Army Training Center, Infantry and Fort Polk Special Orders Number 050, dated 9 April 1968, which confirms the applicant qualified as a Marksman with the machinegun.  

6.  The applicant's record also contains the following award orders issued by Headquarters, 9th Infantry Division which confirm the applicant received the awards indicated:  Special Orders Number 94, dated 4 April 1969, (CIB); General Orders Number 4883, dated 24 April 1979 (BSM); Special Orders Number 186, dated 5 July 1969 (Aircraft Crewman Badge); and General Orders Number 20, dated 27 July 1970 (AGCM).  His record is void of any orders or other documents that indicate he was recommended for or awarded a second BSM.

7.  On 12 August 1970, the applicant was honorably released from active duty after completing a total of 2 years, 7 months, and 22 days of active military service.  Item 24 of the DD Form 214 issued to him at that time shows he earned the following awards during his active duty tenure:  NDSM; VSM; RVNCM; ARCOM 1st Oak Leaf Cluster (2nd Award) with "V" Device; RVNGC with Palm Unit Citation; and BSM.


8.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may be awarded for heroism, meritorious achievement or service which does not involve aerial flight, but which is performed in connection with military operations against an armed enemy including combat, support, and supply operations.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on award of the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  A silver service star is used in lieu of 5 bronze service stars to denote participation in five campaigns.  

10.  Table B-1 of the awards regulation contains a list of campaigns.  It shows that during the applicant's tenure of assignment in the RVN, campaign credit was granted for the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam Summer Fall 1969, Vietnam Winter Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam conflict.  It confirms during his tenure of assignment in the RVN, the applicant’s unit (3rd Squadron, 5th Cavalry Regiment, 
9th Infantry Division) earned the RVN Presidential Unit Citation and the Civil Actions Honor Medal with First Class Unit Citation.

12.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that the CIB should have been included on his separation document was carefully considered and found to have merit.  The evidence of record confirms the applicant was awarded the CIB during his combat service in the RVN, as evidenced by an entry in Item 41 of his DA Form 20.  It also shows that he received the Aircraft Crewman Badge and AGCM, which were not included in the list of awards contained on his separation document.  As a result, it would be appropriate to add these awards to Item 24 of his DD Form 214 at this time.  

2.  The evidence of record also confirms that based on his RVN service and campaign participation, he is entitled to the PUC, RVN Civil Actions Honor Medal with First Class Unit Citation, and 1 silver service star and 3 bronze service stars with his VSM.  The record also shows he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Machinegun Bar.  Thus, it would also be appropriate to add these awards to his separation document at this time.  

3.  The applicant requests a second award of the BSM.  However, there are no orders or other evidence on file in his record that indicates he was ever recommended for or awarded a second BSM by proper authority while serving on active duty.  Absent evidence that he received this award, there is an insufficient evidentiary basis for the Board to grant this portion of the requested relief.  However, although the Board has insufficient evidence to support awarding the BSM, 1st Oak Leaf Cluster (2nd Award), the applicant retains the option to request this award under the provisions of 10 USC 1130.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 amending Item 24 of his DD Form 214 by deleting the current list of awards and replacing it with the entry "National Defense Service Medal; Bronze Star Medal; Army Commendation Medal, 1st Oak Leaf Cluster (2nd Award) with “V” Device; Army Good Conduct Medal; Vietnam Service Medal with 1 silver service star and 3 bronze service stars; Republic of Vietnam Presidential Unit Citation; Republic of Vietnam Campaign Medal with Device 1960; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 1st Oak Leaf Cluster; Combat Infantryman Badge; Aircraft Crewman Badge; Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and Marksman Marksmanship Qualification Badge with Machinegun Bar"; and by issuing him a correction to his separation document that reflects these awards. 

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 Bronze Star Medal, 1st Oak Leaf Cluster (2nd Award) to his separation document.   




      _______ _x   _______   ___
               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)                                         AR20080008289



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ABCMR Record of Proceedings (cont)                                         AR20080008289



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