IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100023555 


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 the:

* Combat Infantryman Badge
* Second award of the Bronze Star Medal
* Air Medal

2.  The applicant states he spent one year in Vietnam as an infantry Soldier on the front lines.  He carried an M-60 Machinegun and he was awarded the Bronze star Medal with "V" Device for heroism.  He was also awarded the Bronze Star Medal for meritorious service as well as the Air Medal.  Neither of these awards is shown on his DD Form 214.  Finally, he is unsure why the Combat Infantryman badge was not put on his DD Form 214.

3.  The applicant provides his DD Form 214.

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 was inducted into the Army of the United States on 21 February 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  General Orders Number 1514, issued by Headquarters, 1st Infantry Division, on 27 February 1969, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 13 November 1968.  The orders cited the following reason:

On this date, [Applicant] was serving as a machine gunner with his company while on a battalion-minus reconnaissance in force operation northeast of Lai Khe.  At approximately 1300 hours, the lead element of the friendly force was suddenly subjected to intense small arms and automatic weapons fire from well-fortified enemy bunkers.  During the initial aggressor barrage, several casualties were sustained and evacuation attempts were futile due to the heavy volume of fire throughout the area.  [Applicant] immediately maneuvered through the hail of hostile rounds to the point of heaviest contact in order to place suppressive fire upon the insurgents and thus enable the casualties to be moved to a more secure location.  With complete disregard for his personal safety, he remained exposed to the hostile fire until all the wounded men were removed from the area of contact.

4.  General Orders Number 7654, issued by Headquarters, 1st Infantry Division, on 26 July 1969, awarded him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service from August 1968 to July 1969.

5.  General Orders Number 8674, issued by Headquarters, 1st Infantry Division, on 13 August 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight from 5 September to 21 December 1968.

6.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 20 February 19790 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

7.  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 3 bronze service stars
* Republic of Vietnam Campaign with "1960" Device
* Vietnam Gallantry Cross with Palm Unit Citation
* Bronze Star Medal with "V" Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  Army Regulation 600-8-22 (Military Awards) 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 U.S. Army Vietnam 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.

9.  A review of the applicant's records indicates his entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Item 29 (Qualifications in Arms) of his DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) on 26 November 1968.

11.  A review of the applicant's record shows an order was issued on 5 February 1970 by Headquarters, 2nd Armored Division, Fort Hood, TX, ordering a monetary forfeiture of pay against the applicant for misconduct by reason of an Article 15.  The nature of this misconduct is unclear.  However, aside from this document, his records contain no other derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during most of his military service.  

12.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal 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. 

13.  Headquarters, Department of the Army General Orders Number 53, dated 1973, awarded the 1st Battalion, 26th Infantry the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from 1 October 1965 to 7 April 1970.
14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in four campaigns during his tour of duty in the Republic of Vietnam as follows:  

* Vietnam Counteroffensive; Phase V; 1 July to 1 November 1968
* Vietnam Counteroffensive; Phase VI, 2 November 1968 to 22 February 1969.
* TET 69 Counteroffensive; 23 February to 8 June 1969
* Vietnam Summer - Fall 1969; 9 June to 31 October 1969

This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his second award of the Bronze Star Medal, general orders awarded him the Bronze Star Medal (2nd Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  With respect to the Air Medal, general orders awarded him the Air Medal which is not shown on his DD Form 2124; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  With respect to the Combat Infantryman Badge, he held an infantry MOS and was assigned to an infantry company in Vietnam.  His award of the Bronze Star Medal for heroism clearly shows he was personally present and served in active ground combat while assigned to his infantry unit when his unit was involved with a firefight with the enemy in Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show it.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

5.  The evidence of record confirms he served honorably during the period 22 February 1968 through 20 February 1970.  He served in Vietnam, was awarded multiple combat awards, and he received "excellent" conduct and efficiency ratings throughout most of his military service. Aside from what appears to be minor misconduct and lacking any other derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

6.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

7.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four not three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 21 February 1968 through 20 February 1970; 

	b.  awarding the applicant the Combat Infantryman Badge; 

	c.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with three bronze service stars and the Bronze Star Medal with "V" Device ; and

	d.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Bronze Star Medal (2nd Award) and "V" Device
* Air Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)



      _______ _   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)                                         AR20100023555



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ABCMR Record of Proceedings (cont)                                         AR20100023555



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