IN THE CASE OF:	  

		BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100017570 


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, in effect, correction to item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add any and all medals he earned while he was assigned to Company B, 1st Battalion, 506th Infantry Regiment, 101st Airborne (Air Mobile) Division, to include the:

* Bronze Star Medal (BSM)
* Combat Infantryman Badge (CIB)
* Army Good Conduct Medal (AGCM)
* Vietnam Service Medal (VSM) with two bronze service stars
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal, First Class Unit Citation with oak leaf cluster
* Overseas Service Bar (OSB) (1)

2.  He states his records were not updated at the time of his discharge.

3.  He provides his DD Form 214 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 records show he enlisted into the Regular Army on 20 July 1964.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* Item 22 (Military Occupational Specialties) - 11C40 Indirect Fire Crewman
* item 31 (Foreign Service) – RVN from 28 September 1966 to 12 July 1967
* item 38 (Record of Assignments) – assigned to the Company A, 4th  Battalion, 23rd Infantry Regiment, 25th Infantry Division on 27 September 1966 
* item 38 – "excellent" conduct and efficiency ratings
* item 39 (Campaigns) – "blank"

4.  His record contains General Orders Number 2978 issued by Headquarters, 25th Infantry Division, dated 18 July 1967, which show he was awarded the BSM for meritorious service.

5.  On 12 July 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed a total of 2 years, 11  months, and 23 days of active service.  Item 24 of his DD Form 214 lists the following awards:

* National Defense Service Medal
* Army Occupation Medal
* VSM 
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  There are no orders in the available records that show he was awarded the CIB.  His records do not show any evidence he engaged in active ground combat while he was in the RVN.

7.  Army Regulation 600-8-22 (Military Awards) provides that the CIB 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.  

8.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the OSB.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S.  Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars.

9.  For Vietnam service, one OSB was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

10.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM 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.

12.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in the RVN he participated in the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

13  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the following:

	a.  1 December 1966 through 30 June 1968 - RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 31, dated 1969; and
	b.  19 December 1966 through 28 June 1969 – RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant served in an infantry MOS in an infantry unit.  However, the evidence does not show that he engaged in active ground combat while serving with his unit.  Regrettably, there is insufficient evidence on which to base award of the CIB.

2.  General orders show he was awarded the BSM.  Therefore, he is entitled to correction of his DD Form 214 to show this decoration.

3.  The available evidence shows he served honorably from 20 July 1964 to 12 July 1967 and he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the AGCM. Therefore, it would be appropriate to award the applicant the AGCM (1st Award) and correct his DD Form 214 to show this medal.

4.  Permanent orders also show the unit to which the applicant was assigned was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Records show the applicant participated in two campaigns during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be worn on his already-awarded VSM.

6.  There is no effective relief for addition of an OSB to his DD Form 214 as it is an item of clothing and not governed by pertinent regulations for addition to an individual's DD Form 214.


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 is 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.  awarding him the AGCM (1st Award) for the period 30 April 1969 to 12 July 1967;

	b.  deleting the VSM from his DD Form 214;

	c.  adding the BSM, AGCM (1st Award), VSM with two bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214; and

	d.  providing him a document to show the above corrections.

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 amending his DD Form 214 to show he is authorized the CIB and further correction of his DD Form 214 to add the OSB.



      ____________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)                                         AR20100017570



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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