BOARD DATE:	  14 May 2013

		DOCKET NUMBER:  AR20120019133 


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) for the period ending 27 February 1970 to show award of the Bronze Star Medal and all the awards he received throughout his active duty service.

2.  The applicant states:

	a.  He was a patient at the 12th Evacuation Hospital, Vietnam, during the 6 November 1969 award ceremony so he could not attend to have the Bronze Star Medal pinned to his uniform.  Instead, he was just issued the citation for the medal.

	b.  He would like to have all his military awards listed on one single DD Form 214.  His DD Form 214 for the period ending 27 February 1970 does not show he earned the Bronze Star Medal, Army Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), or Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)

3.  The applicant provides two DD Forms 214, a DA Form 20 (Enlisted Qualification Record), a DA Form 66 (Officer Qualification Record), a Bronze Star Medal Certificate, and a Western Union Telefax.



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's records show he enlisted in the Regular Army on 15 March 1967 and he held military occupational specialty (MOS) 11F (Infantry Operations and Intelligence Specialist).  On 27 March 1968, he was honorably discharged to accept a commission.  He completed 1 year and 13 days of creditable active service during this period.

3.  Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified as Sharpshooter with the M-14 rifle and as Marksman with the M-60 machine gun.

4.  His DD Form 214 for this period of service shows award of the:

* National Defense Service Medal
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  He was commissioned as an Infantry second lieutenant in the U.S. Army Reserve (USAR) and entered active duty on 28 March 1968.  He held specialty 1542 (Infantry Unit Commander) and specialty 2136 (Non-Tactical Unit Officer).  On 28 March 1969, he was promoted to the rank of first lieutenant (1LT).

6.  He served in Vietnam as follows:

* 17 September-1 November 1969, as a rifle platoon leader in specialty 1542 while assigned to Company B, 2nd Battalion, 27th Infantry Regiment
* 1-22 November 1969, as a patient while assigned to the 12th Evacuation Hospital, Vietnam

7.  He was medically evacuated from Vietnam on 22 November 1969 and assigned to the Medical Holding Company, Tacoma, WA.

8.  He was honorably released from active duty on 27 February 1970 in the rank of 1LT and he was transferred to the USAR.  He completed 1 year and 11 months of creditable active service during this period.

9.  His records do not contain orders awarding him the Bronze Star Medal.  Item 21 (Awards and Decorations) of his DA Form 66 does not show the Bronze Star Medal.

10.  Item 23 (Qualification in Arms) of his DA Form 66 shows he qualified as Marksman with the M-16 rifle and as Marksman with the M-60 machine gun.

11.  His DD Form 214 for this period of service shows award of the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Purple Heart

12.  The applicant provides:

	a.  a Western Union telefax, dated 3 November 1969, wherein his parents were notified that he was wounded in action in Vietnam on 1 November 1969.  He was hit by small arms fire while at a defensive position when he was mistaken for a hostile force and fired upon by friendly forces.  He received a wound to the abdomen and was treated and hospitalized in Vietnam; and

	b.  a Bronze Star Medal Certificate, dated 6 November 1969, wherein it states he was awarded the Bronze Star Medal for meritorious achievement for the period 4 October to 2 November 1969.

13.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general or special orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Awards and Decorations Branch, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

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

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The Combat Infantryman Badge is awarded to infantry officers, enlisted, and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

	c.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in two campaigns.

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 2nd Battalion, 27th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 in Department of the Army General Orders (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 1 January 1966 through 21 January 1970 in DAGO Number 51, dated 1971

16.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service.  It established standardized policy for preparation of the DD Form 214.  It stated to enter all decorations, service ribbons, campaign credits, and badges awarded or authorized during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was an infantry officer serving in Vietnam as a platoon leader in an infantry unit.  His award of the Purple Heart for wounds received in action on 1 November 1969 confirms he served in active ground combat.  Therefore, there is sufficient evidence showing the applicant met the criteria for award of the Combat Infantryman Badge and for correction of his DD Form 214 for the period ending 27 February 1970 to show this award.

2.  His record confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 27 February 1970 accordingly.

3.  DAGO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 for the period ending 27 February 1970 should be corrected to show these unit awards.

4.  His records confirm he qualified as Sharpshooter with the M-14 rifle and as Marksman with the M-16 rifle and M-60 machine gun.  Therefore, his DD Form 214 for the period ending 27 February 1970 should be corrected to show these badges.

5.  At the time of the applicant's separation, there was no regulatory requirement to list awards received during different periods of service on the DD Form 214.  However, as an exception to policy and in the interest of clarity, there is no harm to the Army or the Soldier if all of his awards are listed on his final DD Form 214 for the period ending 27 February 1970.

6.  With respect to the Bronze Star Medal, the governing Army regulation states formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Bronze Star Medal.  Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal.

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:
* awarding him Combat Infantryman Badge effective 1 November 1969
* deleting award of the Vietnam Service Medal from his DD Form 214 for the period ending 27 February 1970
* adding the following awards to his DD Form 214 for the period ending 27 February 1970 –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)

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 award of the Bronze Star 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)                                         AR20120019133



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ABCMR Record of Proceedings (cont)                                         AR20120019133



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