BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110023746 


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 Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), and Purple Heart be added to his DD Form 214 (Report of Separation from active Duty).  He also requests award of the Bronze Star Medal.   

2.  The applicant states, in effect:

* He earned these awards for his service
* Because of the circumstances surrounding his discharge they were omitted from his DD Form 214

3.  The applicant provides:

* Citation and orders for the Army Commendation Medal
* Orders for the Purple Heart
* Page 4 of his DA Form 20 (Enlisted Qualification Record)
* Reassignment orders 

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 was inducted into the Army of the United States on 26 January 1967.  He arrived in Vietnam on 28 June 1967.  He served as a light weapons infantryman assigned to Companies B and D, 1st Battalion, 22nd Infantry of the 4th Infantry Division in Vietnam from 5 July 1967 to 22 June 1968.  He was discharged under the provisions of Army Regulation 635-200 for the good of the service with an undesirable discharge on 10 December 1969.  

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the entry "NA" (Not applicable). 

4.  Special Orders, dated 21 March 1967, show he received the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  Special Orders, dated 2 May 1967, show he received the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

6.  Special Orders, dated 28 August 1967, show he received the first award of the Combat Infantryman Badge.

7.  General Orders, dated 3 March 1968, show he received the Purple Heart for wounds received in action on 27 February 1968 in Vietnam. 

8.  General Orders, dated 27 May 1968, show he received the Army Commendation Medal.

9.  There are no orders for the Bronze Star Medal in the available records.

10.  Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the Bronze Star Medal.  




11.  A 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 for the Bronze Star Medal pertaining to the applicant.

12.  Records show he participate in three campaigns during his assignment in Vietnam.

13.  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, 22nd Infantry, was cited for award of the:

* Valorous Unit Award for actions during the period 30 January 1968 to 
      12 February 1968 by Department of the Army General Orders (DAGO) 
      43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 
      54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 53, dated 1970

14.  In July 1976, the Army Board for Correction of Military Records upgraded his undesirable discharge to a general discharge.   

15.  Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal 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 n 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.  

16.  Army Regulation 600-8-22 states 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  


17.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. 

18.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the Expert Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, Combat Infantryman Badge, Purple Heart, and Army Commendation Medal.  His DD Form 214 should be corrected to show these awards.

2.  Based on his service in Vietnam and participation in three campaigns, he is entitled to the Vietnam Service Medal with three bronze service stars and Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show these awards.

3.  He served a period of qualifying service for award of the National Defense Service Medal.  His DD Form 214 should be corrected to show this medal. 

4.  His Vietnam unit was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit.  His DD Form 214 should be corrected to show these unit awards. 

5.  The applicant contends he was notified he would be receiving the Bronze Star Medal from his commander for his combat in Vietnam.  However, there are no orders for the Bronze Star Medal in the available records.  Regrettably, there is insufficient evidence on which to base award of the Bronze Star Medal in this case.





BOARD VOTE:

____x____  ___x_____  _x__  GRANT FULL RELIEF 

________  ________  ________  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 adding the following awards to item 26 of his DD Form 214:

* Army Commendation Medal
* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Valorous Unit Award
* 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 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)                                         AR20110023746





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ABCMR Record of Proceedings (cont)                                         AR20110023746



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