IN THE CASE OF:	  

		BOARD DATE:	    7 January 2010

		DOCKET NUMBER:  AR20090012818 


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 award of the Bronze Star Medal, two Army Commendation Medals [correctly known as the Army Commendation Medal (First Oak Leaf Cluster)], Air Medal, and the Combat Infantryman Badge.

2.  The applicant states that these additional awards are not listed on his DD Form 214.  

3.  The applicant provides a copy of the following documents in support of his application:  his DD Form 214, an award citation for the Bronze Star Medal, an award certificate and citation for the Air Medal, an award certificate and citation for the Army Commendation Medal, an award certificate and citation for the Army Commendation Medal (First Oak Leaf Cluster); and special orders for award of the Combat Infantryman Badge.

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 of the United States on 21 June 1967.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 12A (pioneer).  His highest rank/grade attained was specialist four (SP4)/E-4.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 22 May 1968 with Company B, 326th Engineer Battalion (Airborne), 101st Airborne Division in duty MOS 12A as a pioneer.

4.  The applicant provided a citation which shows he was awarded the Bronze Star Medal for meritorious service from 1 July 1968 to 28 February 1969.  There are no orders available that show the applicant was awarded the Bronze Star Medal.

5.  Headquarters, 101st Airborne Division, General Orders Number 550, dated 18 January 1969, show the applicant was awarded the Army Commendation Medal for meritorious achievement from 1 July 1968 to 30 November 1968 in the Republic of Vietnam.

6.  The applicant provided an award certificate, dated 10 July 1969, and a citation for award of the Army Commendation Medal (First Oak Leaf Cluster) for meritorious achievement from 12 April 1969 through 21 April 1969 in the Republic of Vietnam.  There are no orders which show he was awarded the Army Commendation Medal (First Oak Leaf Cluster).

7.  The applicant provided a copy of the front page of Headquarters, 101st Airborne Division, Special Orders Number 68, dated 9 March 1969, which lists the applicant as a recipient of the Combat Infantryman Badge (First Award).  These orders show his MOS as “11B2P” and his unit as Company B, 2nd Battalion (Airmobile), 506th Infantry.  There is no evidence which shows he was awarded MOS 11B2P.

8.  The applicant provided an award certificate, dated 21 August 1969, and a citation for award of the Air Medal for meritorious achievement while participating in an aerial combat assault in the Republic of Vietnam on 12 April 1969.  There are no orders which show he was awarded the Air Medal.  His service personnel records do not contain flight records.
9.  His DA Form 20 does not list the Bronze Star Medal, Army Commendation Medal (First Oak Leaf Cluster), Air Medal, or the Combat Infantryman Badge in item 41 (Awards and Decorations).

10.  The applicant departed Vietnam on 15 May 1969 and he was credited with participation in the Vietnam Counteroffensive Phase IV (2 April – 30 June 1968); Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968); Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969); and the Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969) campaigns.

11.  The applicant was honorably released from active duty on 19 May 1969.  He completed 1 year, 10 months, and 29 days of active military service with no days of lost time.  He was subsequently transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

12.  His DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no record of disciplinary actions in the applicant's service personnel records.

13.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Vietnam Service Medal, National Defense Service Medal, and the Republic of Vietnam Campaign Medal as authorized awards.

14.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal, Army Commendation Medal (First Oak Leaf Cluster), or the Air Medal pertaining to the applicant.

15.  Headquarters, Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

16.  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 pamphlet shows that at the time of the applicant's assignment to the 326th Engineer Battalion, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, DAGO Number 48, dated 1971.

17.  U.S. 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 have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was 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.

18.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

19.  Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

21.  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.  Additionally Appendix V of USARV 672-1 provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

22.  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, including the Vietnam Service Medal.

23.  Army Regulation 672-5-1 (Military Awards), 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant provided a citation for award of the Bronze Star Medal for meritorious service from 1 July 1968 to 28 February 1969, absent orders authorizing him award of the Bronze Star Medal, this document alone is not sufficient to support correction of his records to show award of the Bronze Star Medal.

2.  General orders show the applicant was awarded the Army Commendation Medal for meritorious achievement from 1 July 1968 to 30 November 1968 in the Republic of Vietnam.  Therefore, his DD Form 214 should be amended to show the Army Commendation Medal.

3.  The applicant provided an award certificate and citation for the Army Commendation Medal (First Oak Leaf Cluster); however, absent orders authorizing him award of the Army Commendation Medal (First Oak Leaf Cluster), these documents alone are not sufficient to support correction of his records to show award of the Army Commendation Medal (First Oak Leaf Cluster).

4.  The applicant also provided an award certificate and citation for the Air Medal for meritorious achievement while participating in aerial flight on 12 April 1969.  However, his service records do not contain any flight records and there are no orders authorizing him award of the Air Medal.  In the absence of orders authorizing him award of the Air Medal, his award certificate and citation are not sufficient to support correction of his records to show award of the Air Medal.

5.  The evidence of record shows the applicant completed training and he was awarded MOS 12A.  His DA Form 20 shows he served as a pioneer in duty MOS 12A while assigned to the 326th Engineer Battalion in Vietnam.



6.  To support award of the Combat Infantryman Badge, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and he must have actively participated in such ground combat.

7.  The applicant provided a copy of Special Orders Number 68 published by Headquarters, 101st Airborne Division on 9 March 1969, which is not authenticated by an authorizing official.  The orders indicate he was assigned to Co B, 2nd Battalion, 506th Infantry in MOS 11B.  However, his DA Form 20 shows that during throughout his service in Vietnam he consistently performed duties in his awarded MOS of 12A as a Pioneer with Company B and Headquarters and Headquarters Company, 326th Engineer Battalion.  There is also no evidence of record which shows the applicant met the qualifications for award of the Combat Infantryman Badge.  Therefore, the special orders provided by the applicant are not sufficient as a basis to correct his DD Form 214 to show award of the Combat Infantryman Badge.

8.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  The applicant was assigned to the 326th Engineer Battalion during a period it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

10.  All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, DAGO Number 8, dated 1974.  The applicant served in Vietnam during a qualifying period.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

11.  It appears the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period of service from 
21 June 1967 through 19 May 1969.  The applicant’s service records show he received "excellent" conduct and efficiency ratings throughout his service and was promoted to specialist four during this period.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st award) and correct his records to show this award.

12.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participating in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his already-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 item 24 of his DD Form 214 the Vietnam Service Medal;

b.  awarding him the Army Good Conduct Medal (1st award) for the period
21 June 1967 through 19 May 1969; and

   c.  adding to item 24 of his DD Form 214 the Army Commendation Medal, Army Good conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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, Army Commendation Medal (First Oak Leaf Cluster), Air Medal, and the Combat Infantryman Badge.



      __________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)                                         AR20090012818



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ABCMR Record of Proceedings (cont)                                         AR20090012818



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