IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100008242 


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 to his DD Form DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his Bronze Star Medal and weapons qualification badges.

2.  The applicant states he earned these awards.

3.  The applicant provides a copy of his DD Form 214 with a separation date of 13 April 1972 and a Bronze Star Medal citation.

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 2 March 1971 for a 2-year period.  He completed his initial entry training and was awarded military occupational specialty 11B (Infantryman).  The highest rank he attained while serving was specialist four/pay grade E-4.

3.  The applicant served in the Republic of Vietnam from:

* 5 September 1971 to 14 October 1971 with Troop A, 3rd Squadron, 5th Cavalry
* 15 October 1971 to 11 April 1972 with Company D, 2nd Battalion, 327th Infantry

4.  In pertinent part, item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.

5.  The applicant received the following weapons qualification badges by Special Orders Number 176 issued on 28 June 1971 by Headquarters, U.S. Army Training Center Infantry and Fort Polk:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar (M-79)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Machinegun Bar 
(M-60)

6.  A review of the applicant's available military personnel record shows he received the Combat Infantryman Badge by Special Orders Number 77 published on 17 March 1972 by Headquarters, 3rd Brigade (Separate), 1st Calvary Division.

7.  On 13 April 1972, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve to complete his statutory military service obligation.  Upon separation, he received a DD Form 214 showing he had completed 1 year, 1 month, and 12 days of active service that included 8 months and 12 days of foreign service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, 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
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  A 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 awarding the applicant the Bronze Star Medal.

10.  In support of his application, the applicant provided a Bronze Star Medal citation showing he distinguished himself by outstanding meritorious service during the period July 1971 to April 1972.  The applicant did not provide a copy of an order announcing award of the Bronze Star Medal.

11.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show award of the Bronze Star Medal and all weapons qualification badges.

2.  Special orders announced award of Marksman Marksmanship Qualification Badge with Grenade Bar (M-79), Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) that are not recorded on the applicant's DD Form 214.  Therefore, the applicant is entitled to a correction of his record to show these three awards.

3.  On special orders, the applicant was awarded the Combat Infantryman Badge by Headquarters, 3rd Brigade (Separate), 1st Calvary Division.  Therefore, he is entitled to correction of his record to show the Combat Infantryman Badge.

4.  While the applicant provided a Bronze Star Medal citation showing he was cited for his meritorious service in the Republic of Vietnam, a review of the applicant's military personnel service record and the awards database for the Vietnam period failed to produce an award order showing the applicant was awarded the Bronze Star Medal.  Therefore, the evidence provided by the applicant is insufficient to add the Bronze Star Medal to his DD Form 214 since all awards are required to be announced in orders.

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 that all Department of the Army records of the individual concerned be corrected by adding the following awards to the applicant's DD Form 214:

* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Grenade Bar (M-79)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Machinegun Bar 
(M-60)

2.  The Board further determined 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 the Bronze Star Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation.  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)                                         AR20100008242



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ABCMR Record of Proceedings (cont)                                         AR20100008242



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