IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022195 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal with "V" Device and the Air Medal.  He also requests that his DD Form 214 be corrected to show the Infantry Noncommissioned Officer (NCO) Candidate Course.

2.  The applicant states the above awards and the service school that he completed in 1968 were left off of his DD Form 214.  

3.  The applicant provides a service school diploma and a certificate of training.

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 in the Regular Army on 17 July 1967 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he attended the Infantry NCO Candidate Course, Fort Benning, GA, in a student status, from on or about 24 January to on or about 23 April 1968.  

4.  He served in Vietnam from on or about 26 July 1968 to 15 June 1969 while assigned to Company D, 1st Battalion, 501st Infantry.

5.  Item 38 of his DA Form 20 also shows he was medically evacuated from Vietnam on or about 15 June 1969 and he was assigned in a patient status to the 249th General Hospital, Japan.  

6.  Headquarters, 101st Airborne Division General Orders (GO) Number 10423, dated 11 August 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam.

7.  Headquarters, 101st Airborne Division GO Number 12842, dated 8 October 1969, awarded him the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in Vietnam on 3 June 1969.  The orders cited the following reason:

[Applicant] distinguished himself while serving as a squad leader in Company D, 1st Battalion (Airmobile), 501st Infantry, during a search and clear operation near Tam Ky, Republic of Vietnam.  [Applicant] was moving with his unit when it suddenly came under attack from a squad of North Vietnamese Army regulars in well-camouflaged spider holes on a hillside to the front.  So intense was the initial volley of hostile small arms and automatic weapons fire that several men were trapped in the open, unable to advance or withdraw.  Reacting immediately, [Applicant] charged forward, placing suppressive fire on the enemy positions.  With utter disregard for his own safety, he subjected himself to the heavy fire as he remained in the open, placing effective fire on the insurgents.  Behind the protective fire, the distressed element was able to with draw to a position of cover.  His heroism undoubtedly saved the members of the element from injury and possible death.


8.  On 16 July 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  He completed 3 years of active service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Purple Heart, Army Good Conduct Medal (1st Award), Overseas Service Bar, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Qualification Badge with Machine Gun Bar (M-60).

10.  The applicant provides a U.S. Army Infantry School diploma that shows he successfully completed the Infantry NCO Candidate Course on 23 April 1968.

11.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive, Phase V (1 July - 1 November 1968)
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 
1st Battalion, 501st Infantry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 April - 15 August 1968, by Department of the Army General Order (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 18 March 1968 - 2 May 1970, by DAGO Number 48, dated 1971

14.  Army Regulation 600-8-22 provides that the Combat Infantryman Badge is awarded to infantry officers, 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.  
DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal with "V" Device and the Air Medal which are not show on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He attended the Infantry NCO Candidate Course for 13 weeks and successfully completed this service school on 23 April 1968 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this service school.

3.  The evidence of record shows he was awarded the Vietnam Service Medal with two bronze service stars and that he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to an additional bronze service star to be affixed to his already-awarded Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show this award.

4.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  He held an infantry MOS while assigned to an infantry unit in Vietnam.  His award of the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in Vietnam confirms he served in active ground combat.  Therefore, there is sufficient evidence showing the applicant met the criteria for award of the Combat Infantryman Badge and for correction of his records to show this award.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 Combat Infantryman Badge;

	b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars;

	c.  adding to Item 24 of his DD Form 214 the Bronze Star Medal with "V" Device, Air Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with three bronze service stars; and

	d.  adding to Item 25 (Education and Training Completed) of his DD Form 214 the entry "USAIS - 13 weeks - Infantry Noncommissioned Officer Candidate Course."



      _______ _   __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)                                         AR20100022195



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022195



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1