IN THE CASE OF:	  

		BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20120022486 


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:

* Purple Heart
* Bronze Star Medal
* Combat Infantryman Badge

2.  The applicant states he earned the Purple Heart, Bronze Star Medal, and the Combat Infantryman Badge but none are reflected on his DD Form 214.  He doesn't have orders for the Combat Infantryman Badge but he was authorized to wear this badge while on active duty.  He met the eligibility criteria for award of this badge and the documentation he is providing verifies his eligibility.

3.  The applicant provides:

* his DD Form 214
* his DA Form 20 (Enlisted Qualification Record)
* fifteen orders
* two certificates
* a DD Form 47 (Record of Induction)
* a DA Form 3349 (Medical Condition - Physical Profile Record)
* four letters



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 was inducted into the Army of the United States on 6 May 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was promoted to the rank/grade of sergeant (SGT/E-5) on 20 December 1969.  He served in Vietnam from 12 April 1970 to 20 March 1971 while assigned to Company A, 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division.

3.  The applicant provides a certificate, dated 31 January 1971, wherein it states he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in Vietnam during the period 1 May 1970 to 31 January 1971.

4.  He was honorably released from active duty on 21 March 1971 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 10 months, and 16 days of creditable active service with no lost time.

5.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  The applicant provides General Orders (GO) Number 2436, dated 24 March 1971, issued by Headquarters (HQ), 101st Airborne Division, Vietnam, awarding him the Purple Heart for wounds received in action in Vietnam on 7 May 1970.  

7.  His records do not contain orders for the Bronze Star Medal or the Combat Infantryman Badge.
8.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  Item 38 also shows he was assigned as a squad leader in duty MOS 11B throughout his service in Vietnam.

9.  Item 40 (Wounds) of his DA Form 20 is blank and a review of the Vietnam casualty listing failed to show his name as a casualty.

10.  Item 41 (Awards and Decorations) of his DA Form 20 shows award of the Expert Marksmanship Qualification Badge with Hand Grenade Bar.  It does not show award of the Bronze Star Medal or the Combat Infantryman Badge.

11.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Bronze Star Medal or the Combat Infantryman Badge pertaining to the applicant.  

14.  Army Regulation 600-8-22 (Military Awards) provides that the:

	a.  Combat Infantryman Badge is awarded to infantry officers and to 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.  

	b.  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.

	c.  Vietnam Service Medal 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 is authorized with this award 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 three campaigns.

	d.  Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

15.  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 2nd Battalion, 501st Infantry, was cited for award of the:  

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970, by DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971, by DAGO Number 6, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant held MOS 11B and he was assigned as a squad leader in an infantry unit throughout his service in Vietnam. He provided orders that show he was awarded the Purple Heart for wounds received in action on 27 May 1970.  As he was not awarded the Purple Heart until 24 March 1971, after his release from active duty, it appears his records were not updated to reflect the wounds he received in action during his service in Vietnam.  

2.  Based on his award of the Purple Heart and his assignment as a squad leader while in Vietnam, it can be presumed that he served in active ground combat against enemy forces in Vietnam.  Therefore, it would be appropriate at this time to award him the Combat Infantryman Badge and to correct his DD Form 214 to show this award.

3.  The evidence of record confirms he served honorably from 6 May 1969 through 21 March 1971.  He served in Vietnam and attained the rank of SGT.  His record is void of any derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and to correct his DD Form 214 to show this award.

4.  His record confirms he served in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960), he participated in three campaigns during his service in Vietnam, and he was awarded the Expert Marksmanship Qualification Badge with Hand Grenade Bar.  His DD Form 214 should be corrected accordingly.

5.  DAGO awarded his unit in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 May 1969 through 21 March 1971
* awarding him Combat Infantryman Badge effective 7 May 1970
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Hand Grenade 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 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)                                         AR20120022486





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120022486



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1