IN THE CASE OF:	  

		BOARD DATE:	  25 October 2011

		DOCKET NUMBER:  AR20110009647 


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 add awards of the:

* Army Good Conduct Medal (AGCM)
* Vietnam Service Medal (VSM) with the appropriate number of bronze service stars
* Expert Marksmanship Qualification Badge with Machine Gun (M-60) and Grenade Bars
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Bronze Star Medal (BSM)
* Combat Infantryman Badge (CIB)
* all authorized unit awards

2.  The applicant states these awards were left off his DD Form 214 at the time of his release from active duty (REFRAD).

3.  The applicant provides copies of:

* his DD Form 214
* a letter from the National Personnel Records Center authorizing medal sets
* his DA Form 20 (Enlisted Qualification Record)
* 
orders awarding him the Air Medal, Army Commendation Medal, BSM, and Republic of Vietnam Gallantry Cross with Bronze Star

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 26 June 1968 for a period of 3 years under the airborne enlistment option.  He completed basic training at Fort Benning, Georgia; advanced individual training as a light weapons infantryman at Fort McClellan, Alabama; and airborne training at Fort Benning before being transferred to Fort Riley, Kansas, in December 1968.

3.  On 16 June 1969, he was transferred to Vietnam for assignment to Company C, 75th Infantry Regiment (Ranger).  He was wounded in action on 10 October 1969.  

4.  On 2 February 1970, he was authorized to accept and wear the Gallantry Cross with Bronze Star.

5.  On 4 August 1970, he was reassigned as a physical activities specialist with the U.S. Army Support Command-Da Nang.

6.  On 17 October 1970, he was assigned to Headquarters, 1st Security Company, as an operations and intelligence specialist.

7.  After participating in five campaigns, he departed Vietnam on 27 December 1970 and was transferred to Fort Lewis, Washington, where he was honorably REFRAD that date as an overseas returnee.  He completed 2 years, 6 months, and 2 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, ARCOM, VSM, Air Medal, Parachutist Badge, Purple Heart, and Expert Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars.

8.  A review of the applicant's official records shows that nonjudicial punishment was imposed against him on two occasions for disobeying a lawful order from a superior commissioned officer and for striking a superior noncommissioned officer in the face with his fist.  He had one conduct rating of "good" and two efficiency ratings of "good" and the remainder were "excellent."

9.  His records also show he qualified Expert with the M-60 machine gun and hand grenade and he was awarded the BSM.  His records do not contain orders awarding him the CIB.

10.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Valorous Unit Award (VUA), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  A silver service star is worn in lieu of five bronze service stars.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not show he was awarded the CIB.  However, the fact that he was serving as an infantryman in an infantry unit when he was wounded in action on 10 October 1969 is sufficient to accept that he was awarded the CIB and it should be added to his DD Form 214.

2.  The applicant was awarded the BSM and he served in five campaigns in Vietnam.  Accordingly, his award of the BSM should be added to his DD Form 214 and a silver service star should be added to his already-awarded VSM.

3.  The applicant qualified as Expert with the M-60 machine gun and the grenade.  Accordingly, these awards should be added to his DD Form 214.

4.  The applicant was awarded the Republic of Vietnam Gallantry Cross with Bronze Star and his unit was awarded the VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Accordingly, these awards should be added to his DD Form 214 at this time.

5.  However, the applicant's contention that he should be awarded the AGCM has been noted and appears to lack merit.  The requirements for award of the AGCM require that all conduct and efficiency ratings be "excellent" and the applicant had three "good" ratings.  Accordingly, he does not meet the regulatory requirements for award of the AGCM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the VSM and "EXP (M14) EXP (M16)" from his DD Form 214
* adding the VSM with one silver service star; Republic of Vietnam Gallantry Cross with Bronze Star; Expert Marksmanship Qualification Badge with Rifle, Machine Gun, and Grenade Bars; VUA; Republic of Vietnam Gallantry Cross with Palm Unit Citation; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board further determined 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 AGCM.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20110009647



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ABCMR Record of Proceedings (cont)                                         AR20110009647



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