IN THE CASE OF:	  

		BOARD DATE:	  3 May 2012

		DOCKET NUMBER:  AR20110020681 


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 two awards of the Bronze Star Medal and the Combat Infantryman Badge.

2.  The applicant states the medals are not shown on his DD Form 214.

3.  The applicant provides:

* Certificate awarding him the Bronze Star Medal
* Orders awarding him the Bronze Star Medal with "V" Device
* DD Form 214

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 5 August 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  Special Orders (SO) Number 274, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, on 1 October 1969 awarded him the Expert Marksmanship Qualification Badge with Grenade Bar.

4.  SO Number 325, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, on 21 November 1969 awarded him the Second Class Gunner (Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  He served in Vietnam with Company B, 4th Battalion, 23rd Infantry, 25th Infantry Division (Light) from on or about 8 January to 24 November 1970.  

6.  Headquarters, 25th Infantry Division, published the following General Orders (GO):

* GO Number 3918, on 29 March 1970, awarded him the Bronze star Medal for heroism on 26 February 1970
* GO Number 8161, on 25 July 1970, awarded him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service

7.  He was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 26 February 1970 while assigned to Company B, 4th Battalion, 23rd Infantry.  The orders cited the following reason:

While on a reconnaissance operation, elements of Company B came in contact with a large enemy force.  With complete disregard for his own safety, [Applicant] moved through a contact area to aid the wounded men.  When the medical aidman was wounded, [Applicant] assumed his duties and gave life saving first aid to him.  His valorous actions contributed immeasurably to the saving of many lives and the success of the mission.

8.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 4 August 1971.  His DD Form 214 shows the:

* National Defense Service Medal
* One overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Badge (M-14)
* Expert Marksmanship Qualification Badge with Rifle Badge (M-16)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with "1960" Device

9.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry 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 Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  USARV Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

11.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

12.  His record is void of any derogatory information in the form of lost time or a record of court-martial.  Additionally, item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency rating throughout his military service.  

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.  Headquarters, Department of the Army (DA) GO Number 5, dated 1973, awarded the 4th Battalion, 23rd Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 30 September 1970, and Headquarters, DAGO Number 51, dated 1971, awarded this unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 30 April 1966 to 30 January 1970.

15.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Winter-Spring 1970, 1 November 1969 to 30 April 1970 
* DA Sanctuary Counteroffensive, 1 May to 30 June 1970
* Vietnam Counteroffensive, Phase VII, 1 July 1970 to 30 June 1971

16.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant held an infantry MOS and he was assigned to an infantry unit.  His award of the Bronze Star Medal for heroism on 26 February 1970 clearly shows he was personally present and engaging the enemy with his infantry unit.  Therefore, he is entitled to correction of his DD Form 214 to show the Combat Infantryman Badge.

2.  He was awarded two awards of the Bronze Star Medal, one of which was with a "V" Device; however, neither is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

3.  GOs awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in three (not two) campaigns while serving in the Republic of Vietnam.  For clarity, he is entitled to correction of his DD Form 214 to show three in lieu of two bronze service stars to be affixed to his Vietnam Service Medal.

5.  SOs awarded him the Expert marksmanship Qualification Badge with grenade Bar the Marksman Marksmanship Qualification Badge with Machine Gun Bar  (M-60), neither of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show both badges.

6.  The evidence of record confirms he served honorably from 5 August 1969 through 4 August 1971.  He completed a combat tour in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" conduct and efficiency ratings throughout his military service.  There is no derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal, it would be appropriate to award the applicant the Army Good Conduct Medal and to correct his records to show this medal.

7.  He completed 10 months and 17 days of foreign service in Vietnam which would have qualified him for two overseas service bars.  Only one bar is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show two overseas service bars.

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 Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 5 August 1969 through 4 August 1971
* awarding him the Combat Infantryman Badge on 26 February 1970
* deleting from item 24 of his DD Form 214 the overseas service bar and the Vietnam Service Medal with two bronze service stars
* adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) and "V" Device
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Two Overseas Service Bars 
* Vietnam Service Medal with three bronze service stars
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Machine Gun (M-60) 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)                                         AR20110020681



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ABCMR Record of Proceedings (cont)                                         AR20110020681



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