IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120001995 


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 award of Combat Infantryman Badge, Silver Star, and Bronze Star Medal.

2.  He states:

* he was awarded the Combat Infantryman Badge, while in the field on patrol, and he has the medal
* he also believes he should be awarded the Silver Star and Bronze Star Medal for helping evacuate individuals from an armored personnel carrier that hit a mine 
* the medic became disoriented and he was told to just sit down; however, the medic was later awarded the Silver Star
* he and four other troops treated the injured and helped medically evacuate them

3.  He provides his 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 was inducted into the Army of the United States on 12 March 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 22 (MOSs), he was awarded primary MOS 11B2O on 18 July 1969.

   b.  Item 31 (Foreign Service), he served in Vietnam from 1 September 1969 through 31 August 1970.

   c.  Item 38 (Record of Assignments), he performed the duties of a Rifleman in duty MOS 11B while assigned to Company B, 1st Battalion, 16th Infantry Regiment, 1st Infantry Division.

   d.  Item 41 (Awards and Decorations), the Combat Infantryman Badge, 
"SO295 HQ1stInfDiv, 1969."  There is no entry for the Silver Star or Bronze Star Medal.

4.  His service record contains Headquarters, 1st Infantry Division, Special Orders Number 295, dated 22 October 1969, awarding the applicant the Combat Infantryman Badge.  

5.  His service record does not contain a recommendation or orders for the Silver Star or Bronze Star Medal.  

6.  On 2 April 1971, he was released from active duty with a general discharge after completing 1 year, 11 months, and 28 days of active military service.  He also had 24 days of lost time.

7.  His DD Form 214 indicates he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for award of the Silver Star or Bronze Star Medal pertaining to the applicant.

9.  References:

   a.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was awarded the:
   
   (1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the 
period April to October 1969, by Headquarters, Department of the Army General Order Number (DAGO) 2, dated 1971.
   
   (2)  Republic of Vietnam Civil Actions Honor Medal First Class Unit 
Citation, for the period October 1965 to 7 April 1970, by Headquarters, DAGO Number 53, dated 1970.

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

		(1)  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

		(2)  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.  

   (3)  A bronze service star is authorized for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the applicant's service in Vietnam, participation credit was awarded for the Vietnam Summer - Fall 1969, Vietnam Winter - Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.  

	c.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary 
concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

	d.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Combat Infantryman Badge; therefore, his DD Form 214 should be amended to reflect this badge.

2.  The applicant contends he should be awarded the Silver Star and Bronze Star Medal for an incident involving an armored personnel carrier that hit a mine.  However, his service record does not include any recommendations or orders for award of the Silver Star or Bronze Star Medal.  Therefore, there is insufficient evidence on which to award him these decorations.

3.  While the available evidence is insufficient for awarding him a Silver Star and Bronze Star Medal, this in no way affects his right to pursue his claim for these decorations by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

4.  He was assigned to a unit in Vietnam during a period the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these foreign unit awards.
5.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his already-awarded 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.  deleting the Vietnam Service Medal from his DD Form 214; and

	b.  amending his DD Form 214 by adding the Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with four bronze service stars.  

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 Silver Star and 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)                                         AR20120001995



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ABCMR Record of Proceedings (cont)                                         AR20120001995



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