IN THE CASE OF:	  

		BOARD DATE:	18 January 2012

		DOCKET NUMBER:  AR20110014543


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 Bronze Star Medal.

2.  The applicant states the Bronze Star Medal was not added to his DD Form 214 upon his retirement.

3.  The applicant provides his DD Form 214 and a Bronze Star Medal Certificate.

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 25 March 1968.  He completed training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  Special Orders Number 94, 2nd Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Jackson, SC, dated 15 May 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) effective 10 May 1968.

4.  Special Orders Number 117, 3rd Advanced Individual Training Brigade, Fort Jackson, SC, dated 11 July 1968, awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) effective 25 June 1968.

5.  Records show the applicant served in the Republic of Vietnam from on or about 29 August 1968 to on or about 4 December 1968.  During this period he was assigned to Company B, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile).

6.  According to numerous casualty reports and notification messages contained within his record, he was seriously wounded as a result of hostile action on 25 November 1968 while on a combat patrol and engaged with a hostile force in a firefight.  The Report of Casualty states he suffered a traumatic amputation of his right leg below the knee.

7.  On 4 December 1968, he was medically evacuated to the continental United States for further recovery from his combat wounds.

8.  On 28 November 1969, he was honorably retired for permanent disability.  His DD Form 214 shows he completed 1 year, 8 months, and 4 days of total active service with 3 months and 6 days of foreign service in the Republic of Vietnam.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal, and Purple Heart.

10.  A 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.

11.  His record does not contain orders for the Bronze Star Medal.

12.  He provides a Bronze Star Medal Certificate, dated 31 December 1968, which cited him for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period August 1968 to December 1968, a period that coincides with his total service in the Vietnam.

13.  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 not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal may be awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.

15.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

16.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers, warrant officers, and enlisted Soldiers who have an infantry MOS.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.  Combat service or campaign credit alone is not sufficient to award the Combat Infantryman Badge.  U.S. Army Vietnam Regulation 672-1 provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

17.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)

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 unit to which the applicant was assigned was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969 by Department of the Army General Orders Number 70, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Bronze Star Medal was carefully considered and determined to have merit.

2.  The applicant submitted a Bronze Star Medal Certificate as evidence.  The period of service identified on the certificate coincides with his period of service in the Republic of Vietnam ending in December 1968 when he was medically evacuated from country.  Given the nature of his departure, more specifically his injuries, it is not unreasonable to conclude he received the Bronze Star Medal after the fact.

3.  The absence of orders in this case does not preclude the Board from granting his request for correction of his records to show the Bronze Star Medal as an exception to policy.

4.  The evidence shows he served in the Republic of Vietnam between August 1968 and December 1968.  It further shows he was an infantryman assigned to an infantry unit who engaged the enemy while actively participating in ground combat.  Accordingly, he meets the criteria for award of the Combat Infantryman Badge and for correction of his records to show this badge.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these individual awards.

6.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  Additionally, records show he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously-awarded Vietnam Service Medal.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  awarding him the Combat Infantryman Badge and

	b.  amending item 24 of his DD Form 214 to delete the "Vietnam Service Medal" and add the following awards:

* Bronze Star Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ____________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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014543



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1