IN THE CASE OF:	  

		BOARD DATE:	  30 June 2009

		DOCKET NUMBER:  AR20090001769 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

	a.  Purple Heart with first oak leaf cluster,

	b.  Bronze Star Medal for heroism with second oak leaf cluster,

	c.  Bronze Star Medal for meritorious achievement, and

	d.  Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was awarded these medals but they are not listed on his DD Form 214.  He does not have orders for the CIB.

3.  The applicant provides a copy of his Purple Heart certificate, a copy of his Purple Heart with first oak leaf cluster certificate, orders for award of the Bronze Star Medal for heroism, orders for award of the Bronze Star Medal with "V" Device second oak leaf cluster for heroism, and a copy of his Bronze Star Medal for meritorious achievement certificate 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 military personnel record shows he was inducted into the Army of the United States on 16 November 1967.  He completed the necessary training and was awarded the military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 27 April 1968 through 22 April 1969.  Item 38 (Record of Assignments) shows he was assigned to Company B, 1st Battalion (Mechanized), 5th Infantry as an 11C Gunner.  It also shows he earned "excellent" conduct and efficiency ratings in all of his active duty assignments.  Item 39 (Campaigns) lists un-named campaigns.

4.  Item 40 (Wounds) of his DA Form 20 shows two wounds listed:

	a.  fragment wound thigh and chest on 19 August 1968, and

	b.  fragment wound arm on 22 October 1968.

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows the Combat Infantryman Badge, Purple Heart, Bronze Star Medal with "V" Device, Purple Heart with first oak leaf cluster, Bronze Star Medal, Republic of Vietnam Campaign Medal, two overseas service bars, RVN Gallantry Cross with Palm Unit Citation, and Bronze Star Medal with "V" Device first oak leaf cluster.

6.  On 18 August 1969, the applicant was honorably released from active duty in the rank of sergeant (E-5) after completing 1 year, 9 months, and 3 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, RVN Campaign Medal with Device (1960), two overseas service bars, Purple Heart with first oak leaf cluster, Expert Marksmanship Qualification Badge with Rifle and Mortar Bars (M-14/M-16/
81MM), Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Bronze Star Medal with "V" Device second oak leaf cluster.  However, it does not show the CIB or the Bronze Star Medal for meritorious achievement or service.

7.  In further reviewing the DD Form 214 it is noted that the following awards, the Purple Heart with first oak leaf cluster and the Bronze Star Medal with "V" Device second oak leaf cluster for heroism are already listed and will not be discussed further in this Record of Proceedings.

8.  The applicant's DA Form 20 shows the CIB was awarded by Headquarters, 25th Infantry, Special Orders 163, dated 1 June 1968.

9.  Chapter 8 of Army Regulation 600-8-22 (Military Awards) contains guidance on award of combat and special skill badges.  Paragraph 8-6 contains guidance on award of the CIB.  It states, in pertinent part, that there are three basic requirements for the CIB.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

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 the applicant's tenure of assignment in the RVN, his unit (Company B, 1st Battalion, 5th Infantry Regiment) was awarded the Presidential Unit Citation (PUC) for the period 18 August 1968 through 20 September 1968 in Department of the Army General Orders (DAGO) Number 82 published in 1969.  It further shows that participation credit was granted for the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and TET 69 Counteroffensive campaigns during his period of assignment in the RVN.  It also shows the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

11.  The applicant's record shows that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show all of the bronze service stars to which he is entitled.  Appendix B of Army Regulation 600-8-22 shows that during the applicant's service in the RVN, campaign credit was awarded for the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and TET 69 Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

13.  Army Regulation 600-8-22 states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  The award of a decoration for meritorious service in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.  Recommendations for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievements which have been previously recognized by award of a decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is eligible for the CIB based on his combat service as an infantry indirect fire crewman in the RVN was carefully considered and found to have merit.  By regulation, in order to support award of the CIB there must be evidence confirming the applicant held and served in an infantry MOS in a qualifying infantry unit and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

2.  The applicant's record shows that he was awarded the CIB by Headquarters, 25th Infantry, Special Orders 163, dated 1 June 1968.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General Orders Number 2447, dated 1 March 1969, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period April 1968 to April 1969.  The applicant provided a copy of a Bronze Star Medal for meritorious achievement certificate for the period April 1968 to April 1969.  The regulation states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

4.  A review of the applicant's record indicates entitlement to additional awards that are not listed on his DD Form 214.
5.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the PUC for the period 18 August 1968 to 20 September 1968 by DAGO Number 82, dated 1969.  It also shows the unit was cited for award of RVN Gallantry Cross with Palm Unit Citation for the period December 1965 through August 1968 by DAGO Number 48, dated 1971, and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1979 by DAGO Number 51, dated 1971.  Therefore, it would be appropriate to correct his records to show these awards and to add these awards to his DD Form 214 at this time.

6.  The record shows that the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying honorable active duty service from 16 November 1967 through 18 August 1969 and to add this award to his record and DD Form 214 at this time.

7.  The record further shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the RVN.  Therefore, he is entitled to four bronze service stars to be affixed to the previously-awarded Vietnam Service Medal.

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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars;
	b.  awarding him the AGCM for his qualifying honorable active duty service from 16 November 1967 through 18 August 1969;

	c.  adding to his DD Form 214 the AGCM, the CIB, the Vietnam Service Medal with four bronze service stars, the PUC, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation; and

	d.  providing him a correction to his DD Form 214 that includes these awards.

2.  The Board further determined that the evidence prescribed 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 a further Bronze Star Medal to his DD Form 214.




      __________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)                                         AR20090001769



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ABCMR Record of Proceedings (cont)                                         AR20090001769



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