IN THE CASE OF:	  

		BOARD DATE:	  23 May 2013

		DOCKET NUMBER:  AR20120019147 


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 award of the Combat Infantryman Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add:

* Bronze Star Medal (3rd Award) with "V" Device
* Army Commendation Medal (2nd Award) with "V" Device
* two bronze service stars to his previously-awarded Vietnam Service Medal
* Device (1960) to the Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Grenade Bar

2.  The applicant states he received a letter from the National Personnel Records Center (NPRC) listing numerous medals and other awards not currently listed on his DD Form 214.  

3.  The applicant provides:

* Letter, NPRC, dated 13 January 2012
* Letter, Veterans Service Officer, dated 1 October 2012
* Two self-authored statements
* Army Regulation 600-8-22 (Military Awards), pages 98-101
* General Orders (GO) Number 5545, dated 4 June 1970
* Certificate for Award of the Army Commendation Medal, dated 12 June 1970
* GO Number 7052, dated 25 June 1970
* Certificate for Award of the Bronze Star Medal (3rd Award)
* Citation for Award of the Bronze Star Medal
* 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.  The applicant was inducted into the Army of the United States on 11 February 1969 and held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  Special Orders (SO) Number 72, issued by Headquarters, 1st Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, on 9 April 1969, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar.

4.  SO Number 102, issued by Headquarters, 2nd Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, on 20 May 1969, awarded him the First Class Gunner Badge with Machine Gun Bar (M-60).

5.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 28 September 1969 to 26 September 1970 and served with Company B, 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade from 20 October 1969 to 23 September 1970.

6.  GO Number 5545, issued by Headquarters, Americal Division, Vietnam, on 
4 June 1970, awarded him the Army Commendation Medal with "V" Device.

7.  GO Number 5709, issued by Headquarters, Americal Division, Vietnam, on 
7 June 1970, awarded him the Bronze Star Medal with "V" Device for action on 21 January 1970.

"For heroism in connection with ground operations against a hostile enemy force in the Republic of Vietnam…on 21 January 1970… Company B, 5th Battalion, 46th Infantry… was…assaulted by a well entrenched North Vietnamese Army force…Observing that most of the enemy fire was coming from a well fortified bunker, he unhesitatingly closed with the emplacement and silenced it with several well placed hand grenades.  After neutralizing the position, [Applicant] and a comrade entered the hostile bunker and began removing the enemy soldiers and their equipment when one of the insurgents attempted to throw a hand grenade.  Taking immediate action, [Applicant] utilized his weapon and eliminated the hostile soldier before he could detonate the explosive device.  Through his timely and courageous actions, [Applicant] was instrumental in thwarting the determined enemy attack…"

8.  GO Number 7052, issued by Headquarters Americal Division, Vietnam, on 
25 June 1970, awarded him the Army Commendation Medal (2nd Award).

9.  GO Number 9357, issued by Headquarters Americal Division, Vietnam, on 
23 July 1970, awarded him the Bronze Star Medal (2nd Award) for meritorious service from September 1969 to September 1970.

10.  He was honorably released from active duty on 26 September 1970 after completing 1 year, 7 months, and 16 days of net active service, 11 months and 28 days of which was credited as foreign service.  His DD Form 214 shows he was awarded or authorized:

* National Defense Service Medal
* Army Commendation Medal
* Bronze Star Medal
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Campaign Medal
* Vietnam Service Medal
* Two overseas service bars

11.  He provided a certificate for award of the Bronze Star Medal (3rd Award) for the period September 1969 to September 1970.

12.  Army Regulation 600-8-22 (Military Awards) states 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 during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 four campaigns:

* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counter offensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 5th Battalion, 46th Infantry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 to 31 December 69 by DAGO Number 42, dated 72.

15.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 11 February 1969 through 26 September 1970.  He received "excellent" ratings for his conduct and efficiency.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.  

16.  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.  There must have been no convictions by a court-martial.  



DISCUSSION AND CONCLUSIONS:

1.  With respect the Bronze Star Medal:

	a.  GO Number 5709 awarded the applicant the Bronze Star Medal with "V" Device for exceptionally valorous action on 21 January 1970.

	b.  GO Number 9357 awarded him the Bronze Star Medal (2nd Award) for meritorious service from September 1969 to September 1970.

	c.  He provided a certificate for award of the Bronze Star Medal (3rd Award) for the period September 1969 to September 1970.

	d.  The dates on the certificate he provided match the dates listed on GO Number 9357, which awarded him the Bronze Star Medal (2nd Award).  It appears the entry on the certificate referring to the Bronze Star Medal (3rd Award) was incorrectly entered.  Additionally, he has not provided orders to show he was authorized a 3rd award.  As such, there is insufficient evidence to correct his DD Form 214 to show he received 3 awards of the Bronze Star Medal.

	e.  However, GO awarded him the Bronze Star Medal with "V" Device and the Bronze Star Medal (2nd Award).  Therefore, he is entitled to correction of his DD Form 214 to add the Bronze Star Medal (2nd Award) with "V" Device.

2.  GO awarded him the Army Commendation Medal with "V" Device and the Army Commendation Medal (2nd Award).  Therefore he is entitled to correction of his DD Form 214 add these awards.

3.  The evidence of record shows he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to add four bronze service stars to his previously-awarded Vietnam Service Medal.

4.  His DD Form 214 lists the Vietnam Campaign Medal, which is properly referred to as the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to properly name this award.

5.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period of his assignment.  Therefore, he is entitled to correction of his DD Form 214 to add this unit award.

6.  The evidence of record shows the applicant was an infantryman who received all “excellent” conduct and efficiency ratings, he was assigned to an infantry unit while this unit was engaged in active ground combat, and he actively participated in ground combat; as such, he met all three requirements for award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his DD Form 214 to add this Badge.

7.  SO awarded him the Expert Marksmanship Qualification Badge with Grenade Bar and the First Class Gunner Badge with Machine Gun Bar (M-60); therefore, he is entitled to correction of his DD Form 214 to add these badges.

8.  He served honorably during the period 11 February 1969 through 
26 September 1970.  His records do not contain any derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received “excellent” conduct and 
efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his 
DD Form 214 to show it.  

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 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:

* awarding him the:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award) for the period 11 February 1969 through 26 September 1970



* Deleting from his DD Form 214 the:

* Vietnam Campaign Medal
* Vietnam Service Medal
* Army Commendation Medal
* Bronze Star Medal

* adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) with "V" Device
* Army Commendation Medal (2nd Award) with "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Grenade Bar 
* First Class Gunner 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 adding the Bronze Star Medal (3rd Award) to his DD Form 214.



      _______ _   _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)                                         AR20120019147





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ABCMR Record of Proceedings (cont)                                         AR20120019147



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