IN THE CASE OF:	  

		BOARD DATE:	    19 May 2010

		DOCKET NUMBER:  AR20090020168 


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 that he be awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM).

2.  The applicant states that he never received the awards of the CIB and BSM.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of his Medical Board Proceedings, and copies of clinical records.

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 on 20 June 1968 and was transferred to Fort Lewis, Washington to undergo his training as a light weapons infantryman.
3.  He successfully completed his training and was transferred to Vietnam on 22 November 1968 for assignment to Company D, 4th Battalion, 3rd Infantry Regiment as a rifleman.  He was advanced to the pay grade of E-3 on 24 November 1968.

4.  On 13 January 1969, Special Orders Number 13 published by Headquarters, Americal Division, awarded the applicant the CIB.  His records also indicate he was issued the badge.

5.  On 30 April 1969, the applicant sustained multiple fragment wounds to his chest, left back area, shoulder and both legs when he was hit by booby trap fragments.  He also suffered a fracture of the left scapula and left distal tibia and a traumatic amputation of the left foot.

6.  The applicant was medically evacuated to a hospital in Japan, then to a hospital at Fort Riley, Kansas and then to Fitzsimmons General Hospital in Denver Colorado.

7.  On 6 March 1970, he was retired by reason of permanent disability with a 50% disability rating in the pay grade of E-4.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal with “60” device and the Purple Heart.

8.  A search of the applicant’s official records and the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to produce an order which awarded the applicant the BSM.  

9.  The applicant’s official records do show that he received excellent conduct and efficiency ratings throughout his service and they are void of any derogatory information that would serve to deny him award of the Army Good Conduct Medal (AGCM).

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There were no automatic entitlements to award of the BSM during the period of the applicant’s service.
11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal 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.

12.  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 the applicant’s his unit was subsequently cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was awarded the CIB on 13 January 1969.  Accordingly, his records should be corrected to reflect the award of the CIB. 

2.  The applicant’s records as well as other sources available to the Board have failed to show that the applicant was ever awarded the BSM.  Inasmuch as there is no automatic entitlement to that award, there appears to be no basis to award him the BSM at this time. 

3.  However, it is noted that the applicant had excellent conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the GCMDL.  Therefore, it must be presumed that the failure to award him the GCMDL was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the GCMDL for the period of 20 June 1968 to 6 March 1970, while serving in the rank of SP4.

4.  Additionally, the evidence of record shows that the applicant’s unit was subsequently awarded the RVNCG w/Palm Unit Citation.  Accordingly, he is entitled to have that award added to his records as well.






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 awarding him the AGCM for the period of 20 June 1968 to 6 March 1970, while serving in the rank of SP4 and by showing his awards of the CIB and the RVNGC w/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 BSM.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20090020168





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ABCMR Record of Proceedings (cont)                                         AR20090020168



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