BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090018117 


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 the Combat Infantryman Badge (CIB) and Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was awarded the CIB and BSM while serving in the Republic of Vietnam (RVN) and they should be added to his DD Form 214. 

3.  The applicant provides his DD Form 214, BSM certificate, and CIB certificate 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 in the Regular Army on 5 July 1967, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 11 January 1968 through 11 January 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company C, 1st Battalion, 327th Infantry Regiment, performing duties in MOS 11B as a rifleman and team leader.  Item 38 also shows he received "excellent" conduct and efficiency ratings throughout his service.  The list of earned awards in item 41 (Awards and Decorations) does not include the BSM.

4.  The applicant's record contains the following awards orders issued by Headquarters, 101st Airborne Division in the RVN, announcing the awards indicated:

	a.  Special Orders Number 177, dated 25 June 1968, CIB.

	b.  General Orders 5495, dated 6 September 1968, Army Commendation Medal (ARCOM) for meritorious achievement during the period 1 March through 31 July 1968;

	c.  General Orders 11101, dated 25 December 1968, Air Medal (AM) for the period 19 through 24 April 1968.

5.  The applicant's record is void of BSM orders or other documents confirming he was recommended for or awarded the BSM for his service or achievement in the RVN.

6.  The applicant's record is void of a unit commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal (AGCM).  His record is also void of any Article 15 or court-martial actions, or any other derogatory information.

7.  On 2 July 1970, the applicant was honorably released from active duty (REFRAD) after completing 2 years, 11 months, and 28 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the following awards during his active duty tenure:

* National Defense Service Medal
* RVN Campaign Medal with 60 Device

* Parachutist Badge
* ARCOM
* Vietnam Service Medal (VSM)
* AM

8.  The applicant provides a BSM certificate, dated 7 January 1969, which shows he was awarded the BSM for meritorious achievement in the RVN for the period 1 April 1968 through 30 November 1968.  He also provides a CIB certificate, dated 25 June 1968, which shows he was awarded the CIB.

9.  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 United States Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  It states 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 n 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.

11.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the AGCM 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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

12.  Army Regulation 600-8-22, paragraph 2-13 contains guidance on the VSM and states a bronze service star is authorized with the award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star is worn instead of 5 bronze service stars.

13.  Table B-1 of the awards regulation contains a list of authorized campaigns and shows during the applicant's tenure of assignment in the RVN, participation credit was granted for the following five campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July - 1 November 1968) 
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969). 

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment in the RVN, the applicant's unit (1st Battalion, 327th Infantry Regiment) was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the Army General Order (DAGO) 43, dated 1970; and the RVN Civil Action Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the CIB should be added to his DD Form 214 has been carefully considered and found to have merit.  The record includes CIB orders on the applicant issued by the 101st Airborne Division on 25 June 1968.  As a result, it would be appropriate to add the CIB to his DD Form 214.  

2.  The applicant's DA Form 20 confirms he 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.  As a result, it would be appropriate to award him the AGCM (first award) for his qualifying period of honorable active duty service from 5 July 1967 through 2 July 1970, and to add this award to his DD Form 214.

3.  The applicant's record also shows that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 1 silver service star for wear on his already-awarded VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214.  

4.  The applicant's record shows he earned the ARCOM and AM during his assignment to the RVN.  However, it is void of any record entries, orders, or other documents that show he was ever recommended for or awarded the BSM. Further, although he provides a certificate indicating he was awarded the BSM, he fails to provide orders authorizing and/or announcing this award.  As a result, absent any evidence of record corroborating the information on the BSM certificate provided, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 

5.  The applicant and all others concerned should know this action related to award of the BSM in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms. 

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 (first award) for the period
5 July 1967 through 2 July 1970;

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award), Vietnam Service Medal with 1 silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Combat Infantryman Badge; and
   
   d.  providing him a correction to his DD Form 214 that includes these changes.
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 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)                                         AR20090018117



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ABCMR Record of Proceedings (cont)                                         AR20090018117



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