IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110011838 


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 the Silver Star, Bronze Star Medal with "V" Device, and his other authorized awards be listed on his DD Form 214 (Report of Transfer or Discharge). 

2.  The applicant states his records were lost when he left Vietnam.

3.  The applicant provides copies of his DD Form 214: general orders for the Silver Star, Bronze Star Medal with "V" Device, and Combat Infantryman Badge; and an Authorization for Issuance of Awards.

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 3 November 1969.  He completed training as an infantryman and then served in Europe before being transferred to Vietnam.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

a. item 38 (Record of Assignments)

* service in Vietnam with A Company, 1st Battalion, 61st Infantry, 1st Brigade, 5th Infantry Division from 27 December 1970 through 29 July 1971
* service with D Company, 17th Infantry from 30 July through 26 October 1971
* conduct and efficiency ratings of exclusively “excellent” throughout the active duty period
* enroute to the United States on 26 October 1971 for separation from active duty

	b  item 41 (Awards and Decorations)

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Silver Star
* Bronze Star Medal with "V" Device
* Republic of Vietnam (RVN) Campaign Medal with (1960) Device
* Marksman Marksmanship Qualification Badge with Rifle Bar 

4.  1st Infantry Brigade, General Orders Number 783 of 19 May 1971, awarded him the Silver Star for gallantry in action on 20 March 1971 in which he was the track commander when his armored personnel carrier (APC) was hit by a rocket propelled grenade that wounded two Soldiers and started a fire.  The applicant braved intense incoming fire to rescue the two wounded men; and then, disregarding the danger of imminent explosion of the on-board munitions, he moved the burning APC so that the remainder of the column was free to maneuver.  The interim award authority, the brigade commander, had awarded him the Bronze Star Medal with "V" Device; however, that award order was not signed until the very day that corps commander awarded him the Silver Star.

5.  His DD Form 214 shows the applicant was released from active duty on         28 October 1971 with an honorable characterization of service and transferred to the U.S. Army Reserve in pay grade E-4.  His awards are listed as the National Defense Service Medal and the Vietnam Service Medal.  
6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any awards pertaining to the applicant.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  

8.  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:

   a.  1st Battalion, 61st Infantry was awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm for the period 8 February through 30 April 1971 by Department of the Army General Orders (DAGO) Number  42 of 1972; and 
   
   b.  a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign period, including the Counteroffensive Phase VII from 1 July 1970 through 30 June 1971 and Consolidation I from 1 July through 30 November 1971.
   
9.  Army Regulation 600-8-22 (Military Awards) provides that:

   a.  to ensure that a deserving act, achievement, or service receives appropriate recognition pending final action on a recommendation for a higher award, the rewarding authority may promptly award a suitable lesser military decoration.  When a higher award is approved that approving authority will revoke the interim award using a separate permanent order.  Similar regulatory provisions were in effect during the Vietnam War era.
   
   b.  the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.
   

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Silver Star, Bronze Star Medal with "V" Device and his other authorized awards be listed on his DD Form 214.

2.  He was awarded the Silver Star for gallantry in action on 20 March 1971, Bronze Star Medal with "V" Device, the Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

3.  However, the applicant's Bronze Star Medal with "V" Device awarded for heroism in ground combat on 20 March 1971 was an interim award pending final action on the recommendation for the Silver Star.  It was or should have been revoked; therefore, its entry on the DD Form 214 is not appropriate.

4.  The applicant's first term of active duty service was terminated with an honorable discharge.  During that period, he earned exclusively “excellent” conduct and efficiency ratings and there is no available discreditable information.  The applicant should be awarded the Good Conduct Medal.

5.  He served during two designated campaign periods and is authorized two bronze service stars for wear on the Vietnam Service Medal.

6.  The applicant was also authorized the RVN Campaign Medal with (1960) Device and the RVN Gallantry Cross with Palm.

7.  The above-mentioned awards should be added to his DD Form 214.

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.  awarding him the Good Conduct Medal (1st Award) for the period              3 November 1969 through 28 October 1971,

	b.  deleting the awards presently shown on his DD Form 214; and 

   c.  adding the Silver Star, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service Stars, RVN Campaign Medal with (1960) Device, RVN Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar to his DD Form 214. 

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 adding the Bronze Star Medal with "V" Device to his DD Form 214.




      _______ _   __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)                                         AR20110011838





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ABCMR Record of Proceedings (cont)                                         AR20110011838



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