IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090021814 


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 two Bronze Star Medals and the Combat Infantryman Badge.

2.  The applicant states he was not concerned about awards at the time of his discharge.

3.  The applicant provides his DD Form 214 and a Bronze Star Medal Certificate.

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 military records show he was inducted into the Army of the United States on 19 June 1969.  He completed initial entry training, was awarded the military occupational specialty (MOS) of light weapons infantryman, and was promoted to pay grade E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in MOS 11B (rifleman, grenadier, and team leader) while assigned to Company D, 1st Battalion, 27th Infantry, 25th Infantry Division, during his tour of duty in the Republic of Vietnam from 29 November 1969 to 17 December 1970.

4.  The applicant's DA Form 20 shows he was awarded or authorized the Vietnam Service Medal, Bronze Star Medal, Air Medal, Republic of Vietnam (RVN) Campaign Medal with Device (1960), RVN Civil Actions Honor Medal First Class Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars.

5.  The applicant's official military personnel file contains General Orders Number 1767, dated 16 February 1970, awarding him the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force for the period 2-5 February 1970.

6.  The available records are void of orders or other documents that indicate he was recommended for or awarded the Combat Infantryman Badge or a second award of the Bronze Star Medal by proper authority.

7.  The applicant was honorably released from active duty on 23 December 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 6 months, and 5 days of creditable active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Air Medal.

8.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders for a second award of the Bronze Star Medal or for an award of the Combat Infantryman Badge.

10.  Army Regulation 600-8-22 (Military Awards) provides 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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  It further states that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

11.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam participation credit was awarded for the Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970), DA Sanctuary Counteroffensive (1 May 1970-30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the RVN.  It shows the unit the applicant was assigned to while serving in the RVN was awarded the:

	a.  RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 5, dated 1973, and

	b.  RVN Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

2.  General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  He is entitled to correction of his DD Form 214 to show these unit awards.

3.  The available records show the applicant was awarded the Vietnam Service Medal and he participated in three campaigns while serving in the RVN.  


Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with three bronze service stars.

4.  There is no evidence of record and the applicant did not provide any evidence that he was awarded or recommended for a second award of the Bronze Star Medal.  Therefore, without orders, there is insufficient evidence to correct the applicant's DD Form 214 to show a second award of the Bronze Star Medal or to add this award to his DD Form 214.

5.  The applicant served in an infantry MOS while assigned to an infantry unit; however, the available evidence does not show he was personally present and participated with a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.  As such, there is insufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge.

6.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends the DD Form 214 of the individual concerned be corrected by adding the Bronze Star Medal, the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to his already-awarded 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 a second award of the Bronze Star Medal and award of 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)                                         AR20090021814



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ABCMR Record of Proceedings (cont)                                         AR20090021814



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