IN THE CASE OF:	  

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090017621


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 Army Commendation Medal, Combat Infantryman Badge, and Bronze Star Medal with Oak Leaf Cluster.

2.  The applicant states he was assigned near Hue, Republic of Vietnam.  He was a team leader for a long range reconnaissance patrol.  In October 1968, his team was preventing the Viet Cong (VC) from stealing children.  The team killed seven VC.  In February 1969, his team was interdicting supplies.  He killed a VC with his .45 caliber pistol.  He believes he qualifies for award of the Combat Infantryman Badge.

3.  The applicant provides the following documents:

* a personal letter
* his DD Form 214
* a Bronze Star Medal Certificate and citation
* an Army Commendation Medal Certificate and citation
* various certificates of training

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 served in the Army of the United States from 1 February 1968 to 31 October 1969 with service in Vietnam from on or about 6 August 1968 to on or about 5 August 1969.  He rose to the rank/grade of sergeant/E-5.

3.  The applicant's record contains a DA Form 20 (Enlisted Qualification Record) which shows he completed basic combat and advanced individual training at Fort Lewis, WA, and he was awarded military occupational specialty (MOS)11B (Light Weapons Infantryman).  He then completed the basic Airborne Course at Fort Benning, GA, and he was awarded the Parachutist Badge.  This form is annotated as "Temporary Form 20" and dated 21 October 1969, 10 days before his release from active duty, and shows award of the National Defense Service Medal, Parachutist Badge, and Army Commendation Medal.  It also shows he received an "excellent" conduct and efficiency rating from 11 September to 31 October 1969.  All other periods from 5 April 1968 to 10 September 1969 are shown as "unknown."

4.  The applicant's DA Form 20 shows that while serving in Vietnam he was assigned to Headquarters and Headquarters Company, 1st Battalion, 327th Infantry, 101st Airborne Division.  His record contains orders awarding him the Bronze Star Medal for meritorious service and the Army Commendation Medal for meritorious achievement.  These orders show his unit as Company B, 1st Battalion, 327th Infantry, 101st Airborne Division.

5.  The applicant's DD Form 214 shows he was awarded or authorized the following:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machinegun Bar (M-60)
* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars

6.  There are no orders in the applicant's record awarding him a second Bronze Star Medal or the Combat Infantryman Badge.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review revealed the applicant's Bronze Star Medal and Army Commendation Medal, but failed to reveal any orders awarding a second Bronze Star Medal or the Combat Infantryman Badge pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides the following guidance relative to this case:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  A bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

	b.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel 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.

	c.  During Vietnam, the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.

	d.  During the applicant's service in Vietnam, there were four campaigns:



* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969

	e.  Award of a bronze service star based on qualifying service for each campaign listed in this regulation is authorized for wear on the appropriate service medal.

8.  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 the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Bronze Star Medal with Oak Leaf Cluster, Army Commendation Medal, and the Combat Infantryman Badge be added to his DD Form 214.

2.  The applicant's record contains orders awarding him one Bronze Star Medal and the Army Commendation Medal.  Therefore, these decorations should be added to his DD Form 214.

3.  Unfortunately, no orders can be found and the applicant did not provide any evidence to show he was awarded a second Bronze Star Medal or the Combat Infantryman Badge.  The Combat Infantryman Badge is especially perplexing because the applicant was an infantryman serving in an infantry unit.  However, the regulation specifically requires service in active ground combat while holding an infantry MOS in an infantry unit.  There is no evidence of record to show and the applicant has provided insufficient evidence to show he served in active ground combat.

4.  The applicant is entitled to additional awards which do not appear on his DD Form 214, to include:

* the Army Good Conduct Medal (1st Award) for the period 1 February 1968 through 31 October 1969
* four bronze service stars for wear on his already-awarded Vietnam Service Medal
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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.  awarding him the Army Good Conduct Medal (1st award) for the period 1 February 1968 to 31 October 1969;

	b.  deleting from item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the Vietnam Service Medal; and

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class 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 a second Bronze Star 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)                                         AR20090017621



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ABCMR Record of Proceedings (cont)                                         AR20090017621



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