BOARD DATE:	  6 November 2012

		DOCKET NUMBER:  AR20120009347


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, in effect, award of the Bronze Star Medal with "V" Device and a second award of the Bronze Star Medal.  He further requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal (2nd Award) and with "V" Device), Air Medal, and the Combat Infantryman Badge.

2.  The applicant states:

* he served with Company A, 1st Battalion, 12th Cavalry Regiment,
1st Brigade prior to being wounded in action on 22 August 1967
* his actions on 22 August 1967 are deserving of a valor award
* the 1st Brigade, 1st Cavalry Division (Airmobile) awarded its members the Bronze Star Medal for service with the brigade between June 1967 and June 1968
* having been wounded during the year and being hospitalized at the time the 1st Brigade awarded its members the Bronze Star Medal should not deprive him of receiving the award
* the omission of the Air Medal and the Combat Infantryman Badge from his DD Form 214 was due to clerical error

3.  The applicant provides:

* his DD Form 214
* 
a letter from the Executive Officer, Company A, 1st Battalion, 12th Cavalry Regiment to the Commander, Letterman General Hospital, San Francisco, CA, subject: Request for Promotion of Hospitalized Personnel [Applicant], dated 13 December 1967
* a self-authored 2-page statement from the applicant regarding his actions on 22 August 1967
* a 2-page statement from Colonel (COL) (Retired) J--- C. B------, his former commander in the Republic of Vietnam, regarding the applicant's actions on 22 August 1967
* a 2-page statement from Mr. R------ E. G-----, a former member of the same unit in which the applicant served in the Republic of Vietnam, regarding the applicant's actions on 22 August 1967

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 19 May 1966.  He completed initial entry training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  The highest rank/grade he attained during his period of service was specialist four (SP4)/E-4.

3.  Special Orders Number 203, issued by Headquarters, 1st Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY, dated 12 October 1966, awarded him the Expert Marksmanship Qualification Badge with Tank Weapons Bar.

4.  Special Orders Number 204, issued by the same headquarters, dated
13 October 1966, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-30).

5.  He served in the Republic of Vietnam from on or about 2 May 1967 to on or about 25 August 1967.  During this period he was assigned to Company A,
1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile), from on or about 6 May 1967 to on or about 25 August 1967.

6.  On 22 August 1967, he was wounded in action.  As a result, on 25 August 1967, he was reassigned to the Medical Holding Detachment, U.S. Army Hospital, Ryukyu Islands, in a patient status.  He was subsequently reassigned to the Medical Holding Company, Letterman General Hospital, San Francisco, CA for continued treatment.

7.  On 3 July 1968, he was retired by reason of temporary physical disability.  He completed 2 years, 1 month, and 15 days of total active service, including
6 months and 17 days of foreign service in the U.S. Army Pacific (USARPAC - Vietnam).  The DD Form 214 he was issued at the time shows he was awarded the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)
* Expert Badge (specific qualification or weapon system not named)

8.  The applicant's record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  item 29 (Qualification in Arms) he qualified expert with the M-30 machine gun on 4 October 1966.

	b.  item 38 (Record of Assignments), he received all but one "excellent" conduct and efficient ratings throughout his military service.  He received a "good" academic efficiency rating while in a student status at Fort Knox.

	c.  item 41 (Awards and Decorations) no entry for award of the Bronze Star Medal with "V" Device, an additional Bronze Star Medal, the Air Medal, or the Combat Infantryman Badge.

9.  There is no evidence of any disciplinary or derogatory information or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

10.  There is no documentation in the applicant's available record and he did not provide any evidence that indicates he was previously awarded the Bronze Star Medal with "V" Device, a second award of the Bronze Star Medal, the Air Medal, or the Combat Infantryman Badge.

11.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal, the Bronze Star Medal with "V" Device, or the Air Medal pertaining to the applicant

12.  He provides a 2-page statement from COL (Retired) B-----, his former commander in the Republic of Vietnam, and Mr. G-----, a former member of his company, regarding his actions on 22 August 1967.

	a.  COL (Retired) B------ stated:

* he commanded Company A, 1st Battalion, 12th Cavalry Regiment from on or about 15 July 1967 to on or about 10 December 1967
* [Applicant] joined Company A on or about 7 May 1967 and he served with distinction until he was wounded in action on 22 August 1967
* [Applicant] was wounded in a direct fire engagement with a Viet Cong force on 22 August 1967, and medically evacuated to Japan, later to San Francisco, CA
* [Applicant] served in more than 30 combat air assaults and served
4 months as an infantryman in an infantry unit, in a combat zone where he was involved in numerous direct fire engagements with Viet Cong and North Vietnam Army forces

	b.  Mr. G----- stated:

* he and the applicant were members of 2nd Platoon, Company A,
1st Battalion, 12th Cavalry Regiment on the morning of 22 August 1967
* their platoon was attacked by Viet Cong soldiers who remotely detonated 2 booby traps that killed numerous platoon personnel
* platoon members pursued and captured Viet Cong soldiers, who after interrogation, revealed that other Viet Cong soldiers were hiding in a nearby cave
* their squad was ordered to go capture the enemy Viet Cong
* [Applicant] volunteered to crawl into the cave to go after and flush out the enemy, without hesitation or regard for his life
* he was ordered to take up a position outside the cave's entrance, along with another Soldier, to watch for escaping Viet Cong
* [Applicant] crawled into the cave, and a short time later, there were several shots
* [Applicant] was pulled out of the cave and it was revealed he had been shot twice in the leg
* [Applicant] was then treated and medically evacuated

   c.  Both statements attribute the applicant's wounds to his direct armed engagement of the enemy during combat operations.

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

	a.  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.

	b.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals.

	c.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  

As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

		(1)  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal.  It stated that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.

		(2)  Combat missions were divided into three categories.  A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area.  A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation.  A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions.

		(3)  To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions.  Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator.

	d.  The Combat Infantryman Badge is awarded to infantry officers, warrant officers, and enlisted Soldiers possessing an infantry MOS.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit, of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.  Combat service or campaign credit alone is not sufficient to award the Combat Infantryman Badge.  This regulation further provided for award of the Combat Infantryman Badge to infantry personnel serving as members of infantry platoons and squads in cavalry squadrons and regiments.
	e.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968)

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to
22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

15.  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, 12th Cavalry Regiment, the unit to which the applicant was assigned during his service in the Republic of Vietnam, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Orders Number 56, dated 1969.

16.  Title 10, U.S. Code, section 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.

17.  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 (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.  The applicant's request for award of the Bronze Star Medal with "V" Device and a second award of the Bronze Star Medal, and correction of his DD Form 214 to show the Bronze Star Medal (2nd Award) and with "V" Device, Air Medal, and the Combat Infantryman Badge was carefully considered.

2.  Both the evidence of record and the applicant's submitted evidence shows he served honorably in the Republic of Vietnam as an infantryman in MOS 11B from on or about 2 May 1967 to on or about 25 August 1967.  The evidence further shows that during that period of service, he was wounded as a result of hostile action on 22 August 1967 while engaging an armed enemy during combat operations.  Accordingly, his active engagement of the enemy, while serving as an infantryman in an infantry unit, qualifies him for award of the Combat Infantryman Badge.  Therefore, it would be appropriate at this time to award him the Combat Infantryman Badge effective 22 August 1967 and to correct his
DD Form 214 to show this award.

3.  There is no evidence in the available record that shows he was recommended for awarded the first award of the Army Good Conduct Medal.  There is no evidence of any convictions by courts-martial, or his receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  There is no evidence of a commander's disqualification.  Evidence also shows he received all "excellent" conduct and efficiency ratings throughout his service except one "Good" academic efficiency rating while in a student status at Fort Knox that was not disqualifying.  Therefore, he should be awarded the Army Good conduct Medal (1st Award) for the period 19 May 1966 through 3 July 1968 and his DD Form 214 should be corrected to show this award.

4.  The applicant participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this award.

6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Tank Weapons and Machinegun Bars.  Therefore, his DD Form 214 should be corrected to show these awards.

7.  With respect to award of the Bronze Star Medal (2nd Award) and with "V" Device and the Air Medal, the available record is void of any evidence and the applicant did not provide any evidence indicating he was previously recommended for or awarded these awards.  The governing Army regulation states that for personal decorations, including the Bronze Star Medal and the Air Medal, formal recommendation, approval through the chain of command, and announcement in orders is required.  In the absence of orders, there is an insufficient evidentiary basis for granting this portion of his request.

8.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal (2nd Award) and with "V" Device and the Air Medal, this in no way affects the applicant’s right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__  __X______  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 from his DD Form 214 the Vietnam Service Medal and the Expert Badge;

	b.  awarding him the Combat Infantryman Badge for actions in Vietnam on
22 August 1967;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
19 May 1966 through 3 July 1968; and
	d.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Tank Weapons Bar
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-30)

2.  The Board further determined 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 awarding him the Bronze Star Medal
(2nd Award) and with "V" Device and the Air Medal, and correcting his DD Form 214 to show these awards.



      __________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120009347



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