IN THE CASE OF:	  

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120010590 


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 add the Combat Infantryman Badge (CIB), Air Medal (AM), and Bronze Star Medal (BSM).

2.  The applicant states he was assigned to an infantry unit in the Republic of Vietnam from 11 July 1969 to 16 May 1970.  He was involved in numerous combat/air assault missions which involved landing in unsecured enemy-defended landing zones.  He understands an award of the CIB is justification for awarding the BSM.

3.  The applicant provides no additional evidence.

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 27 June 1968 and held military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 11 June 1969 to on or about 10 May 1970 and served with Company B, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division, from 23 July 1969 to 10 May 1970.

4.  Special Orders Number 223 issued by Headquarters, 4th Infantry Division, on 11 August 1969 awarded him the CIB.

5.  General Orders (GO) Number 3196 issued by Headquarters, 4th Infantry Division, on 4 June 1970 awarded him the AM.

6.  He was honorably released from active duty on 16 May 1970.  His DD Form 214 shows he completed 1 year, 10 months, and 20 days of net active service of which 10 months and 5 days were credited as foreign service.  This form further shows he was awarded or authorized the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)
* Army Good Conduct Medal
* Army Commendation Medal

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

	a.  The BSM 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 BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the CIB or Combat Medical Badge is considered to be a citation in orders for the BSM.  Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.

	c.  The VSM 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. 
A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his service in Vietnam his unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 29 July 1969 to 17 November 1970 in Department of the Army GO Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 August 1967 to 31 October 1969 in Department of the Army GO Number 53, dated 1970
* Meritorious Unit Commendation for service from 1 November 1968 to 30 June 1970 in Department of the Army GO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the AM; therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  Special orders awarded the applicant the CIB; therefore, he is entitled to correction of his DD Form 214 to add this badge.

3.  The evidence of record shows he participated in three campaigns while serving in Vietnam which entitles him to three bronze service stars for wear on his previously-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Meritorious Unit Commendation.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

5.  During World War II all Soldiers who were awarded the CIB were also entitled to award of the BSM.  However, during the Vietnam era award of the BSM required a formal recommendation, approval through the chain of command, and announcement in orders.

6.  There is no evidence in the available record and the applicant did not provide any evidence which shows he was recommended for or awarded the BSM.  Therefore, there is no basis for granting this portion of his request.

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 adding to his DD Form 214:

* AM
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* CIB
* three bronze service stars to be affixed to his previously-awarded VSM


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 the BSM.



      ____________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)                                         AR20120010590



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ABCMR Record of Proceedings (cont)                                         AR20120010590



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