IN THE CASE OF:	  

		BOARD DATE:  1 November 2012

		DOCKET NUMBER:  AR20120008814 


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 following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 18 January 1970:

* Bronze Star Medal
* Purple Heart (2nd Award)
* Army Commendation Medal
* Army Good Conduct Medal
* Air Medal (2nd Award)
* commendations awarded to his unit in the Republic of Vietnam
* Vietnam Service Medal with bronze service stars
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant states these awards were left off his DD Form 214.

3.  The applicant provides his:

* orders for the Bronze Star Medal
* orders for the Purple Heart with First Oak Leaf Cluster
* orders for the Army Commendation Medal
* orders for the Expert Marksmanship Qualification Badge with Rifle Bar
* 
DA Form 20 (Enlisted Qualification Record)
* 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.  He was inducted into the Army of the United States on 18 June 1968.  He completed basic combat training and advanced individual training and he was awarded the military occupational specialty (MOS) of 11B (Light Weapons Infantryman).

3.  He provided Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, Special Orders Number 228, dated 15 August 1968, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  He served in the Republic of Vietnam from 16 November 1968 to 18 June 1970.  He was assigned to:

* Company C, 2nd Battalion, 27th Infantry from 21 November 1968 to 
2 September 1969
* Detachment 1, 25th Infantry Division, Augmented Provisional Adjutant General from 3 September 1969 to 18 January 1970

5.  He provided Headquarters, 12th Evacuation Hospital General Orders Number 190, dated 17 July 1969, awarding him the Purple Heart with First Oak Leaf Cluster.

6.  He provided the following orders from Headquarters, 25th Infantry Division:

* General Orders Number 14549, dated 22 November 1969, awarding him  the Army Commendation Medal for meritorious service for the period 
2-21 November 1969
* General Orders Number 15097, dated 8 December 1969, awarding him the Bronze Star Medal for meritorious service for the period from November 1968 to November 1969

7.  Item 40 (Wounds) of his DA Form 20 indicates he received fragment wounds to his chest on 6 December 1968 and fragment wounds to his left leg on 16 July 1969.

8.  On 18 January 1970, he was released from active duty.  He completed 1 year, 
7 months, and 1 day of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Purple Heart

9.  His Military Personnel Records Jacket (MPRJ) does not contain any recommendations or orders for the Air Medal.

10.  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 awarding him any Air Medals.

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

12.  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.  

	a.  During the period of his assignment to the 2nd Battalion, 27th Infantry, the unit received the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 September 1968 to 30 September 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 1 January 1966 to 21 January 1970
	b.  During the period of his assignment to Detachment 1, Augmented Provisional Adjutant General, 25th Infantry Division, the unit received the Meritorious Unit Commendation (Army) for the period 16 February 1969 to 28 February 1970

13.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, governed the policy, criteria, and administrative instructions concerning individual military awards to Army forces operating in South Vietnam.  

	a.  The departure point for the award of the Air Medal was based on sustained operations as 25 Category I missions and a minimum of 25 hours of flight time engaged in Category I missions (air assault and equally dangerous missions); 50 Category II missions and had accrued a minimum of 50 hours of flight time engaged in Category II missions (support rendered a friendly force immediately before, during or following a combat operation); or 100 Category III missions and a minimum of 100 hours of flight time engaged in Category III missions (support of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions).  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  To the contrary, the award was limited to individuals whose accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of non-professionalism, mediocrity, or failure to display an offensive spirit.  The individual must not have caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident.  The individual must have continuously demonstrated a high degree of air discipline.  And the individual’s performance of duty must have been clearly exceptional in every respect during the period for which recommended.  There was no provision for making the award simply because an aircraft was struck by enemy fire.

	b.  Appendix IV required that recommendations for award of the Air Medal for crewmembers or non-crewmembers on flying status were to be submitted on USARV Form 157-R.  The recommendation for award must also state that the individual has "met the required number of missions and hours for award of the Air Medal," that "the individual has not caused, either directly or indirectly, an aircraft abort, late take-off, accident, or incident," and that the "individual’s accomplishments and service throughout the period have reflected meritorious performance, with no instance of non-professionalism, mediocrity, or failure to display an aggressive spirit."
   c.  The criteria for award of the Combat Infantryman Badge identified the men who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  The Combat Infantryman Badge was authorized for award to infantry officers, warrant officers, and enlisted personnel who had an infantry MOS 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.

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

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

	b.  Based on his dates of service in Vietnam, table B-1 shows he participated in the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May 1970-30 June 1970)

15.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20.  The date the wound or injury occurred would also be placed in item 40.

16.  Army Regulation 672-5-1 (Military Awards), then in effect, promulgated Department of the Army policy, criteria, and administrative instructions concerning individual military awards.

	a.  The Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was each 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.

	b.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.

17.  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 timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration for an individual that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

18.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  He provided orders showing he was awarded the:

* Bronze Star Medal
* Purple Heart with First Oak Leaf Cluster
* Expert Marksmanship Qualification Badge with Rifle Bar

2.  Therefore, it is appropriate to add these awards to his DD Form 214.

3.  He provided orders showing he was awarded the Army Commendation Medal.  There is no evidence in his MPRJ that shows he was awarded more than one Army Commendation Medal.  Therefore, it is presumed the Army Commendation Medal that is listed on his DD Form 214 is the same as that shown on the orders he provided.  Therefore, there is no correction to be made concerning the Army Commendation Medal.

4.  His records do not show any indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.  He was awarded the Bronze Star Medal and an Army Commendation Medal for meritorious service during his enlistment.  Therefore, there is sufficient evidence to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 18 June 1968 to 18 January 1970 ending with termination of a period of Federal military service.

5.  Based on his service with the 25th Infantry Division, he is authorized the Meritorious Unit Commendation (Army).  Therefore, this award should be added to his DD Form 214.

6.  He participated in five campaigns while assigned in the Republic of Vietnam.  Therefore, he is authorized one silver service star to be worn on his Vietnam Service Medal.

7.  He was assigned an infantry MOS and was assigned to an infantry company while in the Republic of Vietnam.  The entries on his DA Form 20 show he was wounded twice through hostile or enemy action while assigned to the infantry company and his wounds required treatment.  Therefore, there is sufficient evidence to show he served in active ground combat and is entitled to the Combat Infantryman Badge.

8.  Based on his service with the 25th Infantry Division he is authorized the:

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

9.  Therefore, these awards should be added to his DD Form 214.

10.  There are no orders in his MPRJ for the award of or a USARV Form 157-R recommending him for the Air Medal with Oak Leaf Cluster.  Therefore, there is insufficient evidence to show he was awarded the Air Medal with Oak Leaf Cluster.

11.  While the available evidence is insufficient for awarding the applicant an Air Medal, this in no way affects the applicant’s right to pursue his claim for the Air Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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 (1st Award) for the period 
18 June 1968 to 18 January 1970; 

	b.  awarding him the Combat Infantryman Badge, effective 6 December 1968;

	c.  deleting from his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal

d.  adding to his DD Form 214 the:

* Bronze Star Medal
* Purple Heart (two awards)
* Army Good Conduct Medal
* Meritorious Unit Commendation (Army)
* Vietnam Service Medal with one silver service star
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* 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 the award of the Air 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)                                         AR20120008814



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ABCMR Record of Proceedings (cont)                                         AR20120008814



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