IN THE CASE OF:	  

		BOARD DATE:	  28 May 2013

		DOCKET NUMBER:  AR20120019253 


  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 show the Combat Infantryman Badge (CIB) and Bronze Star Medal (BSM).

2.  The applicant states he received the medals and certificates but these awards are not listed on his DD Form 214.

3.  The applicant provides a copy of his 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 3 January 1968.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and assigned to duty in Vietnam.

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

* item 31 (Foreign Service) he was credited with service in Vietnam from
27 May 1968 through 26 May 1969
* item 38 (Record of Assignments) he was assigned for duty with:

* Headquarters and Headquarters Company (HHC), 2nd Battalion (Airborne) 506th Infantry, in MOS 11B from 12 June 1968 to 16 June 1968
* Company D, 2nd Battalion (Airborne), 506th Infantry, in MOS 11B from 17 June 1968 to 27 September 1968
* HHC, 2nd Battalion, 506th Infantry, in MOS 11B from 
28 September 1968 to 10 November 1968
* HHC, 2nd Battalion (Ambulance), 506th Infantry, in MOS 11B from 
11 November 1968 to on or about 22 May 1969

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

4.  Special Orders Number 222, dated 9 August 1968, issued by Headquarters, 101st Air Cavalry Division, Vietnam awarded him the CIB.

5.  On 14 December 1969, he was honorably released from active duty after completing 1 year, 11 months, and 12 days of total active service.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal
* Army Commendation Medal
* two overseas service bars

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

7.  His record does not contain orders awarding him the BSM.

8.  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 United States Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the 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.  

10.  Army Regulation 600-8-22 (Military Awards) provides that 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.

11.  A review of the available records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

12.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis (Provisional), Fort Lewis, WA issued special orders which awarded him the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun Bar

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)

14.  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 2d Battalion, 506th Infantry was cited for the following unit awards:

* Presidential Unit Citation for the period 13 June to 23 September 1968, by Department of the Army General Orders (DAGO) Number 38, 1971
* Meritorious Unit Commendation for the period 14 March to 3 October 1968, by DAGO Number 22, 1976
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 10 July 1968 to 14 May 1969, by DAGO Number 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
3 October 1968 to 2 May 1970, by DAGO 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the CIB, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, and Marksman Marksmanship Qualification Badge with Machine Gun Bar.

2.  His records do not show indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.  Therefore, he should be awarded the first award of the Army Good Conduct Medal based on completion of qualifying service from 3 January 1968 to 14 December 1969 and this award should be added to his DD Form 214.

3.  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.

4.  Based on his service with the 2nd Battalion, 506th Infantry, he is authorized the award of the Presidential Unit Citation, Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

5.  The evidence of record does not show he was recommended for award of the BSM or that an appropriate authority approved a recommendation or announced the award in orders.  Accordingly, he is not entitled to correction of his record to show award of the BSM.








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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
3 January 1968 to 14 December 1969; and

	c.  adding to his DD Form 214 the:

* Presidential Unit Citation
* Meritorious Unit Commendation
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun Bar







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 award of 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)                                         AR20120019253



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ABCMR Record of Proceedings (cont)                                         AR20120019253



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