BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090018434 


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 award of the Combat Infantryman Badge and four "bronze stars" (in effect, Bronze Star Medals)  Additionally, he requests correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, four "bronze stars" and an Expert Marksmanship Qualification Badge with Machine Gun Bar.

2.  The applicant states he served in the Republic of Vietnam and when he left there, he was handed two "bronze stars," a Combat Infantryman Badge, a Vietnam Service Medal, and a drill sergeant pin.  After his release from active duty, he states he received two more Bronze Stars in the mail.  He says these awards and an Expert Marksmanship Qualification Badge with Machine Gun Bar are not shown on his DD Form 214 

3.  The applicant provides copies of his DD Form 214 with a separation date of 7 December 1970 and his DA Form 20 (Enlisted Qualification Record), dated 16 June 1970.

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 4 February 1969.   He completed basic and advanced individual training meeting the qualification standards for military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained was staff sergeant/pay grade E-6.

3.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 shows he was awarded primary MOS 11B on 13 June 1969.  

4.  The applicant's DA Form 20 shows he served in the Republic of Vietnam from 13 January 1970 to 3 December 1970.  He was assigned to Company B, 4th Battalion, 3rd Infantry, Americal Division.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he received "excellent" conduct and efficiency ratings throughout his tenure of service.  His military personnel records do not show any time lost, record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice, or any records of conviction by court-martial.  There is also no record of a commander's disqualification for award of the Army Good Conduct Medal.

6.  Item 41 (Awards and Decorations) of his DA Form 20 shows the applicant was awarded the: 

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Army Commendation Medal with one Oak Leaf Cluster

7.  The applicant's official military personnel file contains the following award orders:

	a.  Special Orders Number 110, dated 9 May 1969, issued by Headquarters, U.S. Army Training Center Infantry and Fort Polk awarding him the Expert Marksmanship Qualification Badge with Machine Gun Bar;

	b.  General Orders Number 7975, dated 4 July 1970, issued by Headquarters, Americal Division awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force during the period 1 February 1970 to 31 May 1970; 

	c.  General Orders Number 13697, dated 13 October 1970, issued by Headquarters, Americal Division awarding him the Army Commendation Medal with First Oak Leaf Cluster for meritorious service in connection with military operations against a hostile force from 1 June 1970 to 30 September 1970; and

	d.  a transmittal letter indicating General Orders Number 16138, dated 13 December 1970, issued by 23rd Infantry Division awarded him the Bronze Star Medal.

8.  The applicant was honorably released from active duty on 7 December 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He received a DD Form 214 that shows he served on active duty for 1 year, 10 months, and 4 days and his creditable foreign service in the U.S. Army, Pacific was 10 months and 24 days. 

9.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows that his MOS was 11B upon separation from active duty.

10.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he received the

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal with Oak Leaf Cluster
* Expert Marksmanship Qualification Badge with Rifle Bar 

11.  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, did not contain general orders awarding the applicant four Bronze Star Medals.

12.  The applicant's records show that he is entitled to additional awards that he did not request and are not listed on his DD Form 214.

13.  References:

	a.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.  

	b.  Army Regulation 600-8-22 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 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.  

	c.   Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that 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.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

	d.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for one or more days to a unit participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam, he participated in three campaigns:  the Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970), the Sanctuary Counteroffensive (1 May to 30 June 1970), and the Vietnamese Counteroffensive Phase VII (l July 1970 to 30 June 1971). 

	e.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device 1960.  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. 

	f.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows Department of the Army General Order Number 42, dated 1972 awarded the 4th Battalion, 3rd Infantry the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's assignment.

DISCUSSION AND CONCLUSIONS:

1.  The Board acknowledges the fact that the applicant was an infantryman with an infantry MOS of 11B, that he was assigned to an infantry unit, and that he served in the Republic of Vietnam.  However, there is no evidence to show that he was actively engaged with the enemy in hostile action.  Additionally, his commanders did not recommend him for award of the Combat Infantryman Badge, as no evidence exists that orders were published.  Therefore, there is insufficient evidence to award the applicant the Combat Infantryman Badge. 

2.  General orders awarded the applicant the Bronze Star Medal.  Therefore, he is entitled to correction of his records to show this award.

3.  The evidence of records shows the applicant was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, he is entitled to have his record corrected to show this marksmanship award.

4.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence showing a commander's disqualification.  Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 4 February 1969 to 7 December 1970 ending with the termination of his first period of qualifying Federal military service.

5.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the previously awarded Vietnam Service Medal.

6.  General orders award the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 4th Battalion, 3rd Infantry during a period of time the applicant was assigned there.  Therefore, the applicant is entitled to have his record corrected to show this unit award.

7.  The applicant had a qualifying period of service in the Republic of Vietnam from 8 April 1968 to 7 April 1969.  Therefore, he is entitled to have his record corrected to show the Vietnam Campaign Medal with Device 1960.  

8.  The applicant's contention that he received three additional Bronze Star Medals for his meritorious achievements while serving in the Republic of Vietnam is noted.  However, based on the lack of evidence to support his contention that he received these three additional Bronze Star Medals, the applicant is not entitled to a correction of his record to show three Bronze Star Medals. 

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 adding to his DD Form 214 the: 

* Bronze Star Medal 
* Army Good Conduct Medal for the period 4 February 1969 to 7 December 1970
* Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* three bronze service stars to be affixed to his Vietnam Service Medal



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 correcting his record to show award of the Combat Infantryman Badge and three additional Bronze Star Medals.  




      _______ _   _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)                                         AR20090018434



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ABCMR Record of Proceedings (cont)                                         AR20090018434



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