IN THE CASE OF:	  

		BOARD DATE:	  14 August 2008

		DOCKET NUMBER:  AR20080009556 


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, award of the Bronze Star Medal (BSM) and Combat Infantryman Badge (CIB). 

2.  The applicant states, in effect, that while serving in the Republic of Vietnam (RVN), he served in qualifying infantry unit and performed duties in and infantry military occupational specialty (MOS).  He further states he fought in Operation Lamson 719 Quang Tri Province and earned the BSM and CIB.  He is now trying to receive Department of Veterans Affairs (VA) benefits and needs proof of his combat service. 

3.  The applicant provides BSM orders 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 records show he was initially inducted into the Army of the United States (AUS) and entered active duty on 10 April 1970.  He was trained in and awarded MOS 11D (Armored Intelligence).  

3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 12 September 1970 through 11 September 1971.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company B, 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division, during the period 24 September 1970 through 1 November 1970, and Headquarters and Headquarters Troop, 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division, during the period 22 November 1970 through 6 September 1971, performing duties in MOS 11B (Light Weapons Infantryman).  Item 38 also shows he received "Excellent" conduct and efficiency ratings at each of his active duty assignments, and his record is void of derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).  Item 41 (Awards and Decorations) shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant's record contains Headquarters, United States Army Training Center, Armor, Special Orders Number 156, dated 5 June 1970, which awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.  His record also contains Headquarters, United States Army Armor Center, Special Orders Number 136, dated 10 July 1970, which awarded him the 
Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.  It further contains Headquarters, 2nd Advanced Individual Training Brigade Special Orders Number 151, dated 21 July 1970, which awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar.  

5.  The applicant's record also contains Headquarters, 1st Infantry Brigade, 5th Infantry Division Special Orders Number 121, dated 1 May 1971, which awarded the applicant the CIB for actively engaging in ground combat with enemy forces on 6 April 1971, and Headquarters, 101st Airborne Division (Airmobile) General Orders Number 8517, dated 15 August 1971, which awarded him the BSM, for his meritorious service in connection with military operations against a hostile force in the RVN during the period November 1970 through September 1971.

6.  On 17 December 1971, the applicant was honorably released from active duty, after completing a total of 1 year, 8 months and 2 days of active military service.  

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the separation document 
(DD Form 214) he was issued upon his separation on 17 December 1971, shows he earned the National Defense Service Medal, Vietnam Service Medal (VSM), and RVN Campaign Medal with 1960 Device.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  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.  

9.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This normal qualifying period is 3 years; however, for the first award only, upon termination of service on or after 27 June 1950, a period of more than one but less than 3 years is a qualifying period.   Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (3rd Squadron, 5th Cavalry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation.  It also shows that during the applicant's assignment tenure in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase VII and Consolidation I campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to the BSM and CIB was carefully considered and found to have merit.  The applicant's record contains orders that awarded him both the BSM and CIB.  Therefore, it would be appropriate and serve the interest of equity and justice to add the BSM and CIB to his record and separation document at this time.  

2.  The applicant's record also confirms that he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM, for his qualifying period of honorable active duty service from 10 April 1970 through 17 December 1971.

3.  The evidence also confirms that based on his RVN service and campaign participation, he is also entitled to RVN Gallantry Cross with Palm Unit Citation and 2 bronze service stars with his Vietnam Service Medal.  It further confirms his entitlement to the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, and Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar.  Therefore, it would also be appropriate to add these awards to his record and 
DD Form 214 at this time. 

BOARD VOTE:

___x____  ___x____  ___x____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he earned the Bronze Star Medal and Combat Infantryman Badge; by awarding him the Army Good Conduct Medal, for his qualifying honorable active duty service from 10 April 1970 through 17 December 1971; by showing his entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 2 bronze service stars with his Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, and the Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar; and by providing him a correction to his separation document that includes these awards. 





      _______ _  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)                                         AR20080009556



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ABCMR Record of Proceedings (cont)                                         AR20080009556


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