IN THE CASE OF:	  

		BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100025346 


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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation.

2.  The applicant states:

* his DD Form 214 does not reflect these awards and decorations
* he earned his decorations in combat in Vietnam and he thinks they should appear on his separation document
 
3.  The applicant provides:

* his DD Form 214
* orders for the Combat Infantryman Badge 

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 23 January 1968.  He was trained in and awarded military occupational specialty 11B (light weapons infantryman).

3.  He arrived in Vietnam on 22 August 1968.  He served as an 11B assigned to Company C, 5th Battalion, 60th Infantry, 9th Infantry Division in Vietnam from
28 August 1968 through 20 October 1968, at which time it was redesignated as Company C, 1st Battalion (Mechanized), 16th Infantry, 1st Infantry Division.  He continued to serve with this unit until 23 August 1969.  On 28 August 1969, he was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

5.  There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Bronze Star Medal.

6.  Special Orders Number 362, issued by Headquarters, 1st Infantry Division, dated 27 December 1968 awarded him the Combat Infantryman Badge.

7.  General Orders Number 6843, issued by the same headquarters, dated
13 July 1969, awarded him the Army Good Conduct Medal (1st Award) for the period 23 January 1968 to DOSOA [date of separation on or about] 29 August 1969.

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.

9.  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 5th Battalion, 60th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July 1968 through 13 November 1968 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit,
1st Battalion, 16th Infantry, at the time of his assignment was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April through October 1969 by DAGO Number 2, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Number 53, dated 1970

11.  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 with Palm 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.

12.  Army Regulation 600-8-22 (Military Awards) provides that 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

13.  Army Regulation 600-8-22 states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units based in the continental United States are excluded from this award, as are other units outside the area of operations.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that 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 four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 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)

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the Army Good Conduct Medal (1st Award) and the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He participated in four campaigns phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  His units in Vietnam were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Although he only entitled to wear one of these awards, his DD Form 214 should be corrected to show both awards.  Therefore, his DD Form 214 should be corrected accordingly.

4.  His units in Vietnam were also cited for two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  Therefore, his DD Form 214 should be corrected to show both awards.

5.  There are no orders for the Bronze Star Medal in the available records.  Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal in this case.   

6.  Neither of the applicant's units in Vietnam was cited for award of the Meritorious Unit Commendation while he was assigned to them.  Therefore, there is no basis for granting this portion of his request.


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 item 24 of his DD Form 214 the Vietnam Service Medal, and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2 Awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
(2 Awards)

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 award of the Bronze Star Medal and the Meritorious Unit Commendation.



      __________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)                                         AR20100025346



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ABCMR Record of Proceedings (cont)                                         AR20100025346



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