IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110000831 


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 award of the Silver Star and three awards of the Bronze Star Medal.

2.  The applicant states he was awarded the Silver Star and three awards of the Bronze Star Medal during his first tour in Vietnam from August 1968 to August 1969 but they are not on his DD Form 214.

3.  The applicant provides no additional evidence.

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 7 February 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam as follows:

* 28 August 1968 - 27 August 1969, while assigned to 3rd Battalion, 187th Infantry
* 22 April - 19 November 1970, while assigned to Company C, 75th Infantry 
* 20 November 1970 - 12 February 1971, while assigned to 3rd Battalion, 503rd Infantry

3.  Headquarters (HQ), 101st Airborne Division General Orders Number 8015, dated 30 June 1969, awarded him the Silver Star for gallantry in action in Vietnam on 9 March 1969.  The orders cited the following reason:

[Applicant] distinguished himself on a combat operation near Fire Support Base Rakkasan, Republic of Vietnam, while serving as a squad leader in Company A, 3rd Battalion, 187th Infantry.  [Applicant] volunteered to take a reconnaissance team and search a known Viet Cong trail along a ridge line.  Upon reaching the ridge line, the team came under heavy automatic weapons, small arms, and rocket propelled grenade fire from an unknown size enemy force.  In the initial attack [Applicant] was seriously wounded in the upper left arm and right side by an exploding rocket propelled grenade.  Spotting an enemy machine gun position and disregarding his wounds, he began to place suppressive fire on it.  As soon as the rest of the team was on line, he led the men in an aggressive assault on the enemy position.  The enemy machine gun position, outmaneuvered by the aggressive actions of the team, immediately broke contact.  After silencing the machine gun position, [Applicant] directed his fire against other enemy positions, confusing the enemy Soldiers and making them flee.  After all the insurgents had fled and security had been set up, he allowed himself to be treated by the medical aide and to be medically evacuated.  His courageous actions contributed immeasurably to the defeat of the enemy force.

4.  He was honorably released from active duty on 14 February 1971 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  He completed 3 years and 8 days of creditable active service with no lost time.


5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the 
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Vietnam Campaign Medal
* Vietnam Service Medal
* Purple Heart (2nd Award)
* Army Commendation Medal
* Three overseas service bars

6.  His records do not contain orders awarding him the Bronze Star Medal and item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal.

7.  Review of 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, failed to reveal orders for the Bronze Star Medal pertaining to the applicant.

8.  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.

9.  A review of his records indicates entitlement to additional awards.

10.  His record reveals he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice on 28 May 1968 for being disrespectful in language to a noncommissioned officer.  He has no record of a court-martial conviction that would disqualify him for award of the Army Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  

11.  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 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.

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 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)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 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) shows that while he was assigned to 3rd Battalion, 187th Infantry, this unit was cited for award of the:

* Meritorious Unit Commendation for the period 14 March through 3 October 1968 by Department of the Army General Orders (DAGO) Number 22, dated 1976
* Presidential Unit Citation for the period 13 June through 23 September 1968 by DAGO Number 38, dated 1971
* Valorous Unit Award for the period 17 April through 7 May 1969 by DAGO Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970 by DAGO Number 48, dated 1971

14.  Department of the Army Pamphlet 672-3 shows that while he was assigned to Company C, 75th Infantry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 February 1969 through 26 September 1970 by DAGO Number 51, dated 1971

15.  Department of the Army Pamphlet 672-3 also shows that while he was assigned to the 3rd Battalion, 503rd Infantry, this unit was cited for award of the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 16 March 1972 by DAGO Number 5, dated 1973

16.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

17.  Army Regulation 600-8-22 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.  Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Silver Star 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.  The evidence of record shows he held an infantry MOS while assigned to an infantry unit in Vietnam.  His award of the Silver Star for gallantry in action 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.

3.  He served honorably from 7 February 1968 through 14 February 1971.  He served two tours in Vietnam, received a Silver Star for gallantry during combat, two Purple Hearts, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP4/E-4.  Except for the NJP for a minor offense, his record is void of any other 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 based on completion of a qualifying period of Federal military service and correct his records to show this award.


4.  His record confirms he participated in seven campaigns while serving in Vietnam.  Therefore, he is entitled to award of one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  General orders awarded his units in Vietnam the Meritorious Unit Commendation, Presidential Unit Citation, Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the periods he was assigned to the units.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  With respect to his request to have his DD Form 214 corrected to show award of the Bronze Star Medal, there is no evidence in the available records that shows the applicant 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 records 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:

* Awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 7 February 1968 through 6 February 1971
* Awarding him the Combat Infantryman Badge
* Deleting from item 24 of his DD Form 214 the Vietnam Service Medal


* Adding to his DD Form 214 the:

* Silver Star
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and two bronze service stars
* Meritorious Unit Commendation
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

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 the correction of his DD Form 214 to show award of three awards of 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)                                         AR20110000831





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