IN THE CASE OF:	  

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110016621 


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 awards of the Bronze Star Medal (2nd Award) and the Combat Infantryman Badge.

2.  The applicant states only one of his Bronze Star Medals is shown on his DD Form 214 and award of the Combat Infantryman Badge is not shown.  He has orders for both and wants them added to his DD Form 214.

3.  The applicant provides his DD Form 214, one order, two certificates, two award citations, and a letter.

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's records show he was inducted into the Army of the United States on 11 March 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam as follows:

* 16 September 1969 to 20 April 1970, assigned to the 1st Squadron, 4th Cavalry, 1st Infantry Division
* 21 April to 9 October 1970, assigned to the 2nd Battalion,14th Infantry, 25th Infantry Division

3.  Headquarters, 1st Infantry Division, General Orders Number 3899, dated 12 March 1970, awarded him the Bronze Star Medal for meritorious achievement in Vietnam.

4.  Headquarters, 25th Infantry Division, General Orders Number 8320, dated 23 July 1970, awarded him the Bronze Star Medal for meritorious service in Vietnam.

5.  He was honorably released from active duty on 12 October 1970 in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 2 days of creditable active service with no time lost.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows one award of the Bronze Star Medal and does not show the Combat Infantryman Badge.

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.

8.  There are no orders in his records showing award of the Combat Infantryman Badge.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general and/or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Combat Infantryman Badge pertaining to the applicant.

10.  A review of his record indicates entitlement to additional awards.

11.  Item 29 (Qualification in Arms) of his DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
12.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the award of the Army Good Conduct Medal.

13.  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.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, the applicant participated in the following four campaigns:

* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July - 30 June 1970)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 1st Squadron, 4th Cavalry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class for the period 1 October 1965 through 7 April 1970 by Department of the Army General Orders (DAGO) Number 53, dated 1970

16.  Department of the Army Pamphlet 672-3 shows that while he was assigned to the 2nd Battalion, 14th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by DAGO Number 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star Medal (2nd Award) and the Expert Marksmanship Qualification Badge with Rifle




Bar (M-16) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He served honorably from 11 March 1969 through 12 October 1970.  He served in Vietnam, was awarded the Bronze Star Medal (2nd Award), received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP4/E-4.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

3.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to award of four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  General orders awarded his units in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the periods he was assigned to the units.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  With respect to the Combat Infantryman Badge, 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.

6.  While the applicant's service in Vietnam in an infantry MOS is not in question, there is no evidence in his records and he did not provide any evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.

7.  In the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he actively participated in ground combat, regrettably, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.





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 from item 24 of his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal
* Adding to item 24 of his DD Form 214 the:

* Bronze Star Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Expert Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Civil Actions Honor Medal First Class
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 Combat Infantryman Badge.  



      _______ _   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)                                         AR20110016621





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ABCMR Record of Proceedings (cont)                                         AR20110016621



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