IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100023993 


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), dated 28 March 1971, to show awards of the Combat Infantryman Badge and the Bronze Star Medal. 

2.  The applicant states he served in the 101st Airborne Division during his first tour in Vietnam; it was then that he should have been awarded the Combat Infantryman Badge. 

3.  The applicant provides his DD Form 214, dated 28 March 1971.

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 (RA) on 11 August 1967 and held military occupational specialty (MOS) 11B (Light Weapons Infantryman) and MOS 67A (Door Gunner).  He served in Vietnam as follows:

* 7 April  - 1 June 1968 while assigned to Company D, 1st Battalion, 501st Infantry
* 2 June 1968 - 4 November 1969 while assigned to 174th Aviation Company, 14th Combat Aviation Battalion
* 2 September 1970 - 28 March 1971 while assigned to 174th Aviation Company, 14th Combat Aviation Battalion

3.  On 30 May 1968, while in Vietnam, he was honorably discharged for the purpose of immediate reenlistment.  

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service shows the National Defense Service Medal, Vietnam Service Medal, and the Combat Infantryman Badge.

5.  He reenlisted in the RA on 31 May 1968.  He was honorably released from active duty on 28 March 1971 and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  He completed a total of 3 years, 6 months, and 26 days of creditable active service.

6.  Item 24 of his DD Form 214, dated 28 March 1971, shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Air Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M16).

7.  There are no orders in his records that show he was awarded the Bronze Star Medal.

8.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders for the Bronze Star Medal.

9.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Item 24 of the DD Form 214 will show all decorations, service medals, campaign credits, and badges awarded or authorized.

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, 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.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following seven campaigns:

* Vietnam Counteroffensive Phase IV (2 April  - 30 June 1968
* Vietnam Counteroffensive Phase V (1 July 1 - 1 November 1968
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

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 units to which he was assigned was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April - 15 August 1968, by Department of the Army (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 - 2 May 1970, by DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 - 28 February 1969, by DAGO Number 2, dated 1971

14.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam 
Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  However, item 24 of the DD Form 214 at the time of the applicant's 1971 separation was required to show all awards the Soldier has received during his military service.  Therefore, the applicant’s DD Form 214, dated 28 March 1971, should be corrected to show the Combat Infantryman Badge.

2.  The evidence of record shows he was awarded the Vietnam Service Medal and that he participated in seven campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star and two bronze service stars to be affixed to his already awarded Vietnam Service Medal and correction of his DD Form 214, dated 28 March 1971, to show this award.

3.  General orders awarded his units in Vietnam two awards of 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, dated 28 March 1971, to show these unit awards.

4.  With respect to the Bronze Star Medal, there is no evidence in the records that shows he was awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendations, approval through the chain of command, and announcement in orders are required.  Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show the Bronze Star Medal.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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:

	a.  deleting from his DD Form 214, dated 28 March 1971, the Vietnam Service Medal; and

	b.  adding to his DD Form 214, dated 28 March 1971, the Combat Infantryman Badge, Vietnam Service Medal with one silver service star and two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that 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 correction of his DD Form 214 to show the Bronze Star Medal.



      ____________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)                                         AR20100023993





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ABCMR Record of Proceedings (cont)                                         AR20100023993



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