IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100029060 


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:

* Expert Infantryman Badge
* Bronze Star Medal
* Army Good Conduct Medal

2.  The applicant states 

* he was awarded the Expert Infantryman Badge in Germany while serving with the 3rd Battalion, 51st Infantry, 4th Armored Division
* He was recommended for award of the Bronze Star Medal by a lieutenant of the 1st Battalion, 26th Infantry, that was attached to the 1st Battalion, 5th Artillery of the 1st Infantry Division in November 1968
* he served for 4 years but his DD Form 214 does not show award of the Army Good Conduct Medal

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 enlisted in the Regular Army on 31 July 1965 for a period of
4 years.  He held military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  He served in Germany with Company B, 3rd Battalion, 51st Infantry, from 20 December 1965 to 12 January 1968 and in Vietnam with Company E,
1st Battalion, 26th Infantry from 13 January to 29 December 1968.

4.  He was honorably released from active duty on 30 July 1969 at the expiration of his term of service in the rank/grade of sergeant (SGT)/E-5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  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)
* Combat Infantryman Badge

5.  His record does not contain official orders awarding him the requested awards.

6.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.  Additionally, his record contains no derogatory information which would have disqualified him from receiving the first award of the Army Good Conduct Medal.

7.  Item 41 (Awards and Decorations) of his DA Forms 20 does not show the requested awards. 

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System, 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 pertaining to the applicant.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.

10.  Army Regulation 600-8-22 states award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or special forces specialty.

11.  Army Regulation 600-8-22 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.   

12.  Title 10 of the U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.  

13.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

14.  A review of his service records indicates his entitlement to additional awards which are not reflected on his DD Form 214.

15.  Special Orders Number 279, issued by Headquarters, Fort Polk, LA, dated 16 November 1965, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber).

16.  Special Orders Number 162, issued by Headquarters, 4th Armored Division, dated 22 June 1966, awarded him the 1st Class Gunner (Marksman) Marksmanship Qualification Badge with Mortar Bar (81 mm).

17.  Special Orders Number 125, issued by Headquarters, 5th Infantry Division (Mechanized), Fort Carson, CO, dated 5 May 1969, awarded him the Sharpshooter Marksman Marksmanship Qualification Badge with Rifle Bar
(M-14).

18.  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 1st Battalion, 26th Infantry, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order Number 21, dated 1969
* 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

19.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he served honorably during the period 31 July 1965 through 30 July 1969.  He completed a combat tour in Vietnam, he received "excellent" conduct and efficiency ratings throughout his military service, and he attained the rank/grade of SGT/E-5.  His record does not contain any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 31 July 1965 through 30 July 1968 and to correct his DD Form 214 to show his award.

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

3.  His DD Form 214 shows the Vietnam Service Medal with two bronze service stars. However, the applicant participated in five campaigns phases during his service in Vietnam.  Therefore, he is entitled one silver service star (in lieu of the two bronze service stars) for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the silver service star.

4.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) and Mortar (81 mm) Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show these qualification badges.

5.  With respect to the Expert Infantryman Badge, the applicant's record does not contain official orders awarding him the Expert Infantryman Badge.  Additionally, there is no evidence of record and he did not provide substantiating evidence that shows he had satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  Therefore, there is insufficient evidence to grant this portion of his request.

6.  With respect to the Bronze Star Medal, the applicant's record does not show he was recommended for or awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders is required.   His service in Vietnam as well as his 
sincerity is not in question.  However, in the absence of official orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

7.  If the applicant was in fact not awarded the Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 with two bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 31 July 1965 through 30 July 1968; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* 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 Pistol Bar
(.45 caliber)
* Marksmanship Qualification Badge with Mortar Bar (81 mm)
* Sharpshooter Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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 Expert 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)                                         AR20100029060



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ABCMR Record of Proceedings (cont)                                         AR20100029060



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