IN THE CASE OF:	  

		BOARD DATE:	  31 January 2012

		DOCKET NUMBER:  AR20110015139 


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 that his award of the Bronze Star Medal (BSM) with “V” Device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states that given his combat experience in Vietnam and his award of the BSM with “V” Device he should have been awarded the CIB.

3.  The applicant provides a copy of his DD Form 214 and a copy of orders awarding him the BSM with “V” Device.

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 on 23 April 1968.  He completed his basic training at Fort Ord, California and his advanced individual training as a combat engineer at Fort Leonard Wood, Missouri before being transferred to Vietnam on 19 September 1968 for assignment to the 299th Engineer Battalion.

3.  He departed Vietnam on 11 September 1969 for assignment to Fort Benning, Georgia where he remained until he was honorably released from active duty (REFRAD) on 22 April 1970 due to the expiration of his term of service.  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Bronze Star Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with 1960 Device.

4.  General Orders Number 1043 issued by Headquarters, 18th Engineer Brigade on 22 November 1969 awarded the applicant the BSM with “V” Device.

5.  A review of his official records shows that he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-8-22 (Military Awards) states 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 during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. 

7.  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 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM with “V” Device; however, his DD Form 214 reflects only the award of the BSM; accordingly, his DD Form 214 should be corrected to reflect the award of the BSM with “V” Device.

2.  A review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 23 April 1968 to 22 April 1970 and his DD Form 214 should be corrected to show this medal.

3.  Additionally, he served during a period in Vietnam when his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Accordingly this award should be added to his DD Form 214 at this time.

4.  However, the applicant was not an infantryman assigned to an infantry unit at the time he engaged the enemy and was awarded the BSM with “V” Device.  Therefore, he does not meet the requirements of the governing regulation and is not entitled to award of the CIB.

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:

* Deleting the entry “Bronze Star Medal” from block 24 of his DD Form 214
* Adding the award of the BSM with “V” Device to block 24 of his DD Form 214
* Awarding him the AGCM (1st Award) for the period 23 April 1968 to 
22 April 1970 and adding it to his DD Form 214
* Adding the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 award of the CIB.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant 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)                                         AR20110015139





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ABCMR Record of Proceedings (cont)                                         AR20110015139



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