IN THE CASE OF:	  

		BOARD DATE:	  24 January 2011

		DOCKET NUMBER:  AR20100017738 


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 his awards of the Bronze Star Medal, the Air Medal, the Combat Infantryman Badge, and the Parachutist Badge be added 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) and item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record).

2.  The applicant states these awards were omitted from his DD Form 214 and his DA Form 20.

3.  The applicant provides copies of:

* an unsigned citation awarding him the Bronze Star Medal
* page 4 of his DA Form 20

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 5 October 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  U.S. Army Training Center, Fort Bliss, TX, Special Order Number 297, dated 24 November 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  Headquarters, 3rd Advanced Infantry Training Brigade, U.S. Army Training Center, Fort Gordon, GA, issued:

* Special Order Number 32, dated 8 February 1968, awarding him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Special Order Number 32, dated 14 February 1968, awarding him the Marksman Marksmanship Qualification Badge with Machine Gun Bar

5.  The applicant served in the Republic of Vietnam from 12 May 1968 to 7 May 1969.  He was assigned to:

* Company C, 1st Battalion, 37th Infantry, from 28 May 1968 to 18 January 1969
* Company B, 2nd Battalion, 502nd Infantry, from 28 May 1968 to 7 May 1969

6.  Item 41 of the applicant's DA Form 20 indicates he was awarded the Parachutist Badge by Headquarters, Training Support Battalion, Special Order Number 80, dated 3 April 68.  Item 41 does not show he was awarded the Bronze Star Medal, the Air Medal, or the Combat Infantryman Badge.

7.  On 10 May 1969, the applicant was released from active duty.  He completed 1 year, 7 months, and 6 days of active service that was characterized as honorable.  Item 24 of his DD Form 214 does not show he was awarded the Bronze Star Medal, the Air Medal, the Combat Infantryman Badge, or the Parachutist Badge.   Item 24 does show he is authorized the Vietnam Service Medal.

8.  There are no orders in the applicant's military personnel records jacket (MPRJ) awarding him the Bronze Star Medal, the Air Medal, or the Combat Infantryman Badge.

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 U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal or the Air Medal.

10.  The applicant submitted an unsigned citation indicating he was presented a Bronze Star Medal for outstanding meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period 1 July 1968 to 28 February 1969.

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to the 2nd Battalion, 502nd Infantry, the unit received the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970

13.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he participated in the:

* Vietnam Counteroffensive Phase IV Campaign (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V Campaign (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI Campaign (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive Campaign (23 February 1969-8 June 1969)
14.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  USARV Regulation 672-1 provided guidelines for award of the Air Medal.

	a.  It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.

	b.  Appendix IV required recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status to be submitted on USARV Form 157-R (Recommendation for Decoration for Valor or Merit).  The recommendation for award must also state that the individual "met the required number of missions and hours for award of the Air Medal" and that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident" and that the "individual's accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit."

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

17.  Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

18.  Army Regulation 600-8-22 states 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 USARV Regulation 672-1 states 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.

19.  Army Regulation 600-8-22 provides that formal recommendations, approval through the chain of command, and announcement in orders is required for all decorations and the Army Good Conduct Medal.

20.  At the time, Army Regulation 600-200, chapter 9, prescribed instructions for preparing and maintaining the DA Form 20.  In pertinent part, it stated that the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U. S. Army Reserve troop program units.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his awards of the Bronze Star Medal, the Air Medal, the Combat Infantryman Badge, and the Parachutist Badge were omitted from his DD Form 214.

2.  All personal decorations require a formal recommendation, approval through the chain of command, and announcement in orders.

	a.  There is no recommendation or orders for award of the Bronze Star Medal in the applicant's MPRJ, his DA Form 20 does not show this award, and there are no orders listed in ADCARS.  There is no evidence of award of the Bronze Star Medal other than the unsigned citation submitted by the applicant.  Therefore, there is insufficient substantive evidence to add the Bronze Star Medal to his DD Form 214.
	b.  The applicant's MPRJ does not contain any record that he met the required number of missions and hours for award of the Air Medal.  There is no recommendation or orders for award of the Air Medal in his MPRJ, his DA Form 20 does not show this award, and there are no orders listed in ADCARS.  Therefore, there is insufficient substantive evidence to add the Air Medal to his DD Form 214.

3.  There are no orders in the applicant's MPRJ awarding him the Combat Infantryman Badge.  His DA Form 20 does not show he was awarded the Combat Infantryman Badge.  There is no evidence of record that shows he served in active ground combat.  Therefore, there is insufficient substantive evidence to add the Combat Infantryman Badge to his DD Form 214.

4.  The applicant's DA Form 20 shows he was awarded the Parachutist Badge and cites the authority for the award.  Therefore, it is appropriate to add this award to his DD Form 214.

5.  The applicant's records do not show indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 5 October 1967 to 10 May 1969 ending with termination of a period of Federal military service.

6.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on his Vietnam Service Medal.

7.  Based on his service with 2nd Battalion, 502nd Infantry, he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

8.  Orders in the applicant's MPRJ show he was awarded the Marksman Marksmanship Qualification Badge with Rifle, Automatic Rifle, and Machine Gun Bars.  Therefore, it is appropriate to add these badges to his DD Form 214.

9.  The DA Form 20 was prepared and maintained for Active Army and U. S. Army Reserve enlisted personnel.  As the applicant no longer has a military status the DD Form 214 is the document used to record the military history of a separated individual.


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 awarding the applicant the Army Good Conduct Medal for his period of service from 5 October 1967 to 10 May 1969.  

2.  The Board also recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 with an effective date of 10 May 1969 to add the:

* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars (vice the Vietnam Service Medal)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle, Automatic Rifle, and Machine Gun Bars

3.  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, the Air Medal, and 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)                                         AR20100017738



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ABCMR Record of Proceedings (cont)                                         AR20100017738



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