IN THE CASE OF:	  

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110019345 


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 all awards not listed be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states the Bronze Star Medal (BSM) with "V" (Valor) Device and BSM 1st Oak Leaf Cluster he earned are not listed on his DD Form 214.  

3.  The applicant provides BSM with "V" Device and BSM certificates; BSM orders, dated 7 July 1969; and Republic of Vietnam Cross of Gallantry (RVNGC) with bronze star orders in support of his application.  

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 record shows the applicant was inducted into the Army of the United States on 22 May 1968, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 15 October 1968 through 8 August 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company A, 3rd Battalion, 39th Infantry Regiment, performing duties in MOS 11B as a rifleman.  Item 38 also shows he received all "excellent" conduct and efficiency ratings at his active duty assignments.  

4.  Item 41 (Awards and Decorations) of the DA Form 20 does not include the BSM or BSM with "V" Device in the list of earned awards listed.  Item 41 does show the applicant received the Sharpshooter Marksmanship Qualification Badge with Machine Gun and Rifle Bars based on his qualification with the M-60 machine gun and M-16 and M-14 rifles. 

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  It does contain the following Headquarters, 9th Infantry Division General Orders (GO) issued for the reasons and on the dates identified:

* GO 405, dated 11 January 1969, Army Commendation Medal (ARCOM) with "V" Device, Heroism, 11 December 1968
* GO 5346,dated 6 May 1969, BSM with "V" Device, Heroism, 21 March 1969
* GO 4163, dated 7 April 1969, ARCOM 2nd Oak Leaf Cluster, Meritorious Achievement, 10-14 January 1969
* GO 5802, dated 21 May 1969, Air Medal (AM), Meritorious Achievement, 16 December 1968-9 March 1969
* GO 7061, dated 20 June 1969, AM 1st Oak Leaf Cluster, Meritorious Achievement, 10 March-25 April 1969
* GO 8305, dated 3 July 1969, ARCOM, Meritorious Service, October 1968-July 1969
* GO 9035, dated 7 July 1969, BSM 1st Oak Leaf Cluster, Meritorious Service, 24 October 1968-24 June 1969

6.  On 4 March 1970, the applicant was honorably released from active duty, in the rank of private first class/E-3, after completing 1 year, 9 months, and 13 days of active military service.  The DD Form 214 he was issued shows he earned the following awards:

* National Defense Service Medal 
* ARCOM
* Vietnam Service Medal (VSM)
* AM
* RVN Campaign Medal

7.  The applicant provides an Official Order issued by the Government of the RVN, dated 23 June 1969, which cited the applicant for award of the RVN Cross of Gallantry with bronze star for actions during an 11 May 1969 mission. 

8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze 
service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following four campaigns for the periods indicated:

* Vietnam Counteroffensive, Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* TET 69 Counteroffensive (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969) 

9.  Chapter 8 of the awards regulation contains guidance on badges and tabs.  Paragraph 8-2 contains guidance on the Combat Infantryman Badge (CIB).  It states in order to award the CIB the member must have held and served in an infantry MOS; served in an infantry unit of brigade, regimental, or smaller size; and been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

10.  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 the 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit, 3rd Battalion, 39th Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 July-13 November 1968 by Department of the Army GO (DAGO) 31, dated 1969 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1968-28 June 1969 by DAGO 43, dated 1970.  

12.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.     

DISCUSSION AND CONCLUSIONS:

1. The applicant's request to add awards to his DD Form 214 has been carefully considered and found to have merit.  The evidence of record includes orders issued to the applicant that confirm he earned the following individual awards that are not listed on his DD Form 214:

* BSM with "V" Device 1st Oak Leaf Cluster (2nd Award)
* ARCOM with "V" Device 2nd Oak Leaf Cluster (3rd Award)
* AM 1st Oak Leaf Cluster (2nd Award)

2.  The evidence of record also confirms the applicant received all "excellent" conduct and efficiency ratings through his service.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for the period 22 May 1968 through 4 March 1970, and to add this award to his DD Form 214. 

3.  Further, by regulation a member who holds and serves in an infantry MOS, in an infantry unit of brigade, regimental or smaller size, and is present with that unit and participates while the unit is engaged in active ground combat with enemy forces is eligible to receive the CIB.  In this case, the evidence of record clearly shows the applicant was assigned to and performing infantry duties in a qualifying infantry unit while serving in the RVN, and that he was present and participated with the unit while it was engaged in active ground combat with enemy forces, as evidence by the valor awards he received.  As a result, it would be appropriate to award him the CIB effective 11 December 1968, the date of the action for which he received his first award for heroism.  

4.  The evidence also confirms that based on his service and campaign participation in the RVN, he is eligible for the RVNGC with Palm Unit Citation, RVNCAHM FC Unit Citation, and 4 bronze service stars with his VSM.  In addition, the applicant provides orders issued by the Government of the RVN that confirm he was cited for an individual award of the RVNGC with bronze star.  The record also shows he received the Sharpshooter Marksmanship Qualification Badge with Machine Gun and Rifle Bars.  Therefore, it would also be appropriate to add these awards 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 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 awarding him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 22 May 1968 through 4 March 1970, by awarding him the Combat Infantryman Badge effective 11 December 1968, and by amending his DD Form 214 by deleting the current list of awards and replacing it with the following list of awards:

* National Defense Service Medal 
* Bronze Star Medal with "V" Device (2nd Award)
* Army Commendation Medal with "V" Device (3rd Award)
* Air Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



      _____________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)                                         AR20110019345



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ABCMR Record of Proceedings (cont)                                         AR20110019345



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