IN THE CASE OF:	  

		BOARD DATE:	  20 September 2011 

		DOCKET NUMBER:  AR20110006850 


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 award of the Bronze Star Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal and the Combat Infantryman Badge. 

2.  The applicant states, in effect, he held an infantry military occupational specialty (MOS) while assigned to 1st Battalion, 8th Cavalry in Vietnam.  He engaged the enemy with his unit on multiple occasions.  His platoon engaged the enemy on 16 February 1968 and many of his fellow Soldiers were killed or injured.  He was told he would receive the Bronze Star Medal for his actions on that day.  He never received it. 

3.  The applicant provides:

* his DD Form 214
* a letter from the National Personnel Records Center
* a Listing of Soldiers killed/wounded in action
* An internet printout about a firefight in Vietnam

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.  With respect to the Bronze Star Medal, based upon his application, the evidence of record, and accompanying supporting documents that he submitted, it does not appear he was recommended for or awarded the Bronze Star Medal.

	a.  Section 1130 of the United States Code (Title 10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10 USC 1130, he must submit a DA Form 638 (Recommendation for Award), a copy of which is enclosed.  The DA Form 638 should clearly identify his unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638. In addition, his award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	b.  Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.   Therefore, he must submit his request through a Member of Congress who will send it to the U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	c.  If the applicant chooses to pursue the award(s) by submitting a request under the provisions of Title 10 USC 1130, and his request is subsequently denied by the U.S. AHRC Command, he may reapply to the ABCMR.  Therefore, the issue of the Bronze Star Medal will not be discussed further in this Record of Proceedings.



3.  The applicant was inducted into the Army of the United States on 3 October 1966.  He completed basic combat and advanced individual training and was awarded MOS 11B (Light Weapons Infantryman).

4.  He served in the Republic of Vietnam from on or about 23 March 1967 to 
19 March 1968.  He was assigned to Company B, 1st Battalion, 8th Cavalry, 1st Cavalry Division.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) contains an entry that shows Special Orders Number 194, issued by Headquarters, 1st Cavalry Division, in 1967, awarded him the Combat Infantryman Badge. 

6.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 2 October 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of 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
* Republic of Vietnam Campaign Medal
* One Overseas Service Bar
* Army Commendation Medal
* Air Medal

7.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

8.  His records show he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for leaving his guard post with intent to abandon.  Aside from that, his record is void of any other derogatory information in the form of lost time or a record of court-martial.  

9.  Item 38 (Record of Assignment) of his DA Form 20 Enlisted Qualification Record) shows he received an "unknown" conduct and efficiency rating from 
20 April to 13 May 1967 and "excellent" conduct and efficiency ratings throughout his military service.  




10.  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.

11.  Headquarters, Department of the Army General Orders Number 59, dated 1969, awarded the 1st Battalion, 26th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1968.

12.  Headquarters, Department of the Army General Orders Number 53, dated 1970, awarded the 1st Battalion, 8th Cavalry, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 9 August 1965 to 19 May 1969.

13.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Counteroffensive Phase I, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive - 30 January - 1 April 1968

14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.





DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Combat Infantryman Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.  

2.  He was awarded the Vietnam Service Medal.  He also participated in three campaigns while serving in Vietnam; therefore, he is entitled to three bronze service stars to be affixed to the already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these bronze service stars.

3.  General orders awarded the applicant’s units the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation when he was assigned to the units; therefore, his DD Form 214 should be corrected to show these unit awards. 

4.  The evidence of record confirms he served honorably from 3 October 1966 through 2 October 1968.  He completed a combat tour in Vietnam, attained the rank/grade of SGT/E-5, and received mostly "excellent" conduct and efficiency ratings throughout his military service.  Aside from the minor NJP he received, there is no other derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal, it would be appropriate to award the applicant the Army Good Conduct Medal and to correct his records to show this medal.

5.  He completed 11 months and 27 days of foreign service in Vietnam which would have qualified him for two overseas service bars.  Only one bar is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show two overseas service bars.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* awarding him the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 3 October 1966 through 2 October 1968
* deleting from item 24 of his DD Form 214 the overseas service bar
* adding to his DD Form 214 the:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Two Overseas Service Bars 
* Three bronze service star to be affixed to his already-awarded Vietnam Service 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)                                         AR20110006850



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ABCMR Record of Proceedings (cont)                                         AR20110006850



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