BOARD DATE:	  8 January 2013

		DOCKET NUMBER:  AR20120011574 


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 record to show he was awarded the Bronze Star Medal (BSM) and Aircraft Crew Member Badge (currently known as and hereafter referred to as the Aviation Badge).

2.  He states he earned the medals and believes his record should reflect the awards.

3.  He provides orders, a BSM Certificate, and a BSM Citation. 

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.  On 4 February 1969, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

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

* item 29 (Qualification in Arms), he qualified as a sharpshooter with the 
   M-16 rifle and as a marksman with the M-14 rifle
* item 38 (Record of Assignments), he was assigned to duty in Vietnam with the following units –

* Company A, 1st Battalion, 505th Infantry, 3rd Brigade, 82nd Airborne Division, from 22 July to 25 November 1969
* Company A, 2nd Battalion, 28th Infantry, 1st Infantry Division, from 26 November to 18 December 1969
* Company E, 2nd Battalion, 28th Infantry, 1st Infantry Division, from 19 December 1969 to 16 February 1970
* Headquarters and Headquarters Company, 2nd Battalion (Mechanized), 2nd Infantry, 1st Infantry Division, from 17 February to 29 March 1970
* Company E, 2nd Battalion, 27th Infantry, 25th Infantry Division, from 30 March to 14 August 1970
* Company A, 25th Aviation Battalion, 25th Infantry Division, from 15 August to 17 November 1970

* item 38, he received all "excellent" conduct and efficiency ratings

4.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was authorized the BSM or the Aviation Badge.  This item does show, in part, he was awarded the Army Commendation Medal (ARCOM) by General Orders (GO) Number 1487, issued by Headquarters, 1st Infantry Division, on 4 February 1970.  

5.  The available records include a copy of GO Number 1487, dated 4 February 1970, issued by Headquarters, 1st Infantry Division.  The GO announced award of the ARCOM to him for meritorious achievement during the period 30 November 1969 to 18 January 1970.

6.  On 1 November 1970, Headquarters, 25th Infantry Division, issued GO Number 10745 announcing award of the ARCOM to him for his meritorious achievement from 1 October to an illegible date in November 1970.
7.  On 23 November 1970, he was honorably released from active duty by reason of early separation of an overseas returnee.  He completed 1 year, 9 months, and 20 days of total active service.  

8.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal
* ARCOM
* Combat Infantryman Badge 
* Air Medal (5th Award)

9.  His record is void of documentation showing he was awarded the BSM or Aviation Badge.

10.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the BSM to him.

11.  He provides Special Orders (SO) Number 283 Extract, issued by Headquarters, 25th Infantry Division, dated 10 October 1970, showing he was authorized permanent award of the Aviation Badge effective 12 September 1970.

12.  He provides a BSM Certificate, dated 5 March 1970, indicating he received the award for meritorious achievement during the period 30 November 1969 to 18 January 1970.

13.  Army Regulation 600-8-22 (Military Awards) states 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 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.

14.  Army Regulation 600-8-22 states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

15.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.
16.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  

17.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM.

18.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with four 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)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

19.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows:

	a.  1st Battalion, 505th Infantry, was cited for award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 6 October 1968 to 11 November 1969, by Department of the Army GO (DAGO) 43, dated 1970; and

	b.  2nd Battalion, 28th Infantry, was cited for award of the –

* RVN Gallantry Cross with Palm Unit Citation for the period 23 September 1969 to 15 February 1970, by DAGO 2, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970, by DAGO 53, dated 1970
21.  Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his record to show he was awarded the BSM.  

	a.  The available records do not contain orders awarding him the BSM, nor do they show he was recommended for this award.  

	b.  Of note is the fact that the BSM Certificate he provides and GO 1487 awarding him the ARCOM show identical dates of service.  In light of this evidence, it appears the BSM Certificate may have been issued in error.

	c.  The governing regulation states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  The orders and an entry on his DA Form 20 confirm the ARCOM was the intended award for his achievement from 30 November 1969 to 18 January 1970.  Therefore, he is not entitled to correction of his record to show he was awarded the BSM.

2.  The record shows he received two awards of the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM (2nd Award).

3.  SO authorized the applicant permanent award of the Aviation Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  He qualified as a sharpshooter with the M-16 rifle and as a marksman with the M-14 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  

5.  He received "excellent" conduct and efficiency ratings during his service and there is no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 4 February 1969 to 23 November 1970 and correct his DD Form 214 to show this award.
6.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded VSM.

7.  He was assigned to two units in Vietnam during periods for which the units were cited for award of the RVN Gallantry Cross with Palm Unit Citation.  He was also assigned to a unit during a period for which it was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show the RVN Gallantry Cross with Palm Unit Citation (2nd Award) and the RVN Civil Actions Honor Medal First Class Unit Citation.

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 AGCM (1st Award) based on completion of a qualifying period of active Federal service from 4 February 1969 to 23 November 1970;

	b.  deleting the ARCOM and VSM from his DD Form 214; and

	c.  adding to his DD Form 214 the – 

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Aviation Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* 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 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)                                         AR20120011574





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ABCMR Record of Proceedings (cont)                                         AR20120011574



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