IN THE CASE OF:	  

		BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110019575 


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 his awards of the Bronze Star Medal with "V" device, the Purple Heart, the Air Medal, the Army Commendation Medal, and the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states these awards were not included on his DD Form 214 when he separated.  He states he received a third Bronze Star Medal for which he has never received any official orders nor recognition.

3.  The applicant provides his:

* orders and certificate for the award of the Bronze Star Medal with "V" device
* certificate for the award of the Bronze Star Medal
* orders and certificate for the award of the Purple Heart
* orders and certificate for the award of the Air Medal
* orders and certificate for the award of the Army Commendation Medal

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.  He enlisted in the Regular Army on 18 January 1967 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  He was assigned to the 3rd Battalion, 506th Infantry in the Republic of Vietnam from 30 November 1967 to 28 September 1968.

4.  Headquarters, 1st Brigade, 101st Airborne Division Special Orders Number 345, dated 11 December 1967, awarded him the Combat Infantryman Badge.

5.  Headquarters, 101st Airborne Division issued the following General Orders:

* Number 5874, dated 11 September 1968, awarding him the Army Commendation Medal for meritorious service from October 1967 to March 1968
* Number 6083, dated 13 September 1968, awarding him the Purple Heart for wounds received in action on 17 July 1968
* Number 7408, dated 14 October 1968, awarding him the Bronze Star Medal for meritorious service from 3 October 1967 to 2 October 1968
* Number 10049, dated 29 November 1968, awarding him the Bronze Star Medal with "V" device
* Number 10386, dated 30 November 1968, awarding him the Air Medal    for meritorious achievement while participating in aerial flight on              18 September 1968

6.  There is no evidence of him being awarded a third Bronze Star Medal.

7.  On 8 January 1970, he was released from active duty.  He completed 2 years, 
11 months, and 21 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* 
Bronze Star Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him a third Bronze Star Medal.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 3rd Battalion, 506th Infantry the unit was awarded:

* Valorous Unit Award - 31 January - 25 February 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 19 July 1968 - 14 May 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 18 March 1968 - May 1970

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.  

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served in the:

* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 – 
29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968) 
* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 – 
* 1 November 1968) 

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1.  Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  Based on orders in his Military Personnel Records Jacket the following awards should be added to his DD Form 214:

* Bronze Star Medal (two awards, one with "V" device)
* Purple Heart
* Air Medal
* Army Commendation Medal
* Combat Infantryman Badge

2.  There is no evidence he was awarded a third Bronze Star Medal.

3.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, he is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 18 January 1967 to 8 January 1970 ending with termination of a period of Federal military service.

4.  Based on his service with the 3rd Battalion, 506th Infantry he is authorized the:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

5.  He participated in four campaigns in the Republic of Vietnam.  Therefore, he is authorized four bronze service  stars to be worn on his Vietnam Service Medal.

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:

	a.  awarding him the Army Good Conduct Medal for the period 18 January 1967 to 8 January 1970;

	b.  deleting the Bronze Star Medal and the Vietnam Service Medal from his 
DD Form 214; and 

	c.  adding the following awards to his DD Form 214:

* Bronze Star Medal (two awards, one with "V" device)
* Purple Heart
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st award)
* Valorous Unit Award
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 a third award of the Bronze Star Medal.  




      _______ _   _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)                                         AR20110019575



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ABCMR Record of Proceedings (cont)                                         AR20110019575



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