IN THE CASE OF:	  

		BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110018817 


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 Bronze Star Medal (BSM) be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was awarded the BSM for meritorious achievement during his tour of duty in Vietnam.  He states he was wounded in action and evacuated to a hospital.  The BSM Certificate was given to him in the hospital, but it was not added to his records and he never actually received the medal.

3.  The applicant provides his BSM 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 served as an infantryman in the Army of the United States from 7 June 1967 to 6 June 1969.  He served in Vietnam as an infantryman with Company C, 1st Battalion, 12th Cavalry, 1st Cavalry Division from 16 May 1968 to 24 September 1968.

3.  Army Regulation 600-8-22 (Military Awards) states the BSM 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.  The applicant's records contain:

* General Orders Number 10029, Headquarters, 1st Air cavalry Division, Vietnam, dated 10 August 1968, awarding him the BSM for meritorious achievement from May – July 1968.

4.  The applicant's records show he was wounded in action on 11 July 1968 and was transferred to the U.S. Army Hospital, Camp Oji, Japan for treatment and recuperation.  He was awarded the Purple Heart.  Following his recovery, he was transferred to Fort Riley, KS, where he was honorably separated as a sergeant.  His record shows he had excellent conduct and efficiency ratings throughout his active service and no court-martial convictions.

5.  The applicant is entitled to other awards which do not appear on his 
DD Form 214.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	b.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  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.

	c.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  During his service in Vietnam, the applicant participated in the Vietnamese Counteroffensive, Phase IV (2 April-30 June 1968) and the Vietnamese Counteroffensive, Phase V (1 July-l November 1968).

6.  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 1st Battalion, 12th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 56, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM by general orders.  He states he received the BSM Certificate, but not the medal.  It should be awarded and added to his DD Form 214.

2.  The applicant was an infantryman with an infantry MOS; he served in an infantry (cavalry) unit; he was wounded in action and received the Purple Heart.  He should be awarded the CIB and it should be added to his DD Form 214.

3.  The applicant qualified for award of the Army Good Conduct Medal for the period 7 June 1967 to 6 June 1969.  It should be awarded and added to his DD Form 214.

4.  The applicant has been awarded the Vietnam Service Medal.  He participated in two campaigns; he should be awarded two bronze service stars for wear on his Vietnam Service Medal.

5.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned.  This foreign unit award should be added to his DD Form 214.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* awarding him the –

* BSM
* Army Good Conduct Medal for the period 7 June 1967 to 6 June 1969
* CIB

* deleting the Vietnam Service Medal from his DD Form 214
* adding to his DD Form 214 the –

* BSM
* Army Good Conduct Medal
* CIB
* Vietnam Service Medal with two bronze service stars
* 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)                                         AR20110018817





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ABCMR Record of Proceedings (cont)                                         AR20110018817



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