BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120007516 


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 his award of the Combat Infantryman Badge (CIB) and any other award to which he is entitled be added to his DD Form 214 (Armed Forces of the United States).

2.  The applicant states that he was awarded the CIB and other awards that are not included on his DD Form 214.

3.  The applicant provides orders and certificate awarding him the CIB on 3 July 1968, a citation and certificate awarding him the Army Commendation Medal (ARCOM) for the period of 1 March to 31 July 1968, a copy of a citation and certificate for award of the Bronze Star Medal (BSM) for the period of 1 April to 30 September 1968, and a copy of 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 enlisted in the Regular Army in Montgomery, Alabama on       17 July 1967 for a period of 3 years under the airborne training option.  He completed his basic training at Fort Benning, Georgia and his advanced individual training at as a light weapons infantryman at Fort Gordon Georgia.  He completed his airborne training at Fort Benning and was transferred to Vietnam on 6 January 1968.

3.  He was assigned to Company A, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division for duty as a rifleman and machine gunner.  He served in five campaigns and departed Vietnam on 9 January 1969 for assignment to Fort Bragg, North Carolina where he remained until he was honorably released from active duty (REFRAD) on 5 September 1970 due to the expiration of his term of service (ETS).

4.  Headquarters, 101st Airborne Division Special Orders Number 185, dated      3 July 1968, awarded him the CIB.  

5.  His DD Form 214 issued at the time of his REFRAD shows that he served      3 years of active service and had 51 days of lost time due to being absent without leave (AWOL).  It also shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Parachute Badge, Vietnam, Campaign Medal with Device (1960) and the Aircraft Crewman’s Badge.

6.  His records contain orders awarding him the ARCOM on 6 September 1968 but do not contain orders awarding him the BSM.  However, a comparison of the certificates and citations for awards of the ARCOM and BSM appear to be identical (authentication).  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 any orders for award of the BSM or any other awards. 

7.  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 in 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.  
8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the FSM's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit. 

9.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.  A silver service star will be worn in lieu of five bronze service stars. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided sufficient evidence to show that he was awarded the CIB on 3 July 1968 and thus is entitled to have that award added to his DD Form 214.

2.  The applicant’s records contain orders awarding him the ARCOM on              6 September 1968; therefore he is entitled to have that award added to his DD Form 214.

3.  Although there are no orders present in the available records showing that he was awarded the BSM, the certificate and citation for award of the BSM is identical to those of the ARCOM (authentication) and therefore, it is likely that the orders simply did not make it to his records for filing.  Accordingly the award of the BSM should be added to his DD Form 214 as well.

4.  The applicant served during five campaigns in Vietnam and is entitled to wear one silver service star on his already awarded Vietnam Service Medal.  Accordingly, it should be added to his DD Form 214 at this time.

5.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and he is entitled to have those awards added to his DD Form 214 as well.





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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the award of the Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with one silver service star, the CIB, ARCOM, BSM and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _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)                                         AR20120007516





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ABCMR Record of Proceedings (cont)                                         AR20120007516



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