IN THE CASE OF:	  

		BOARD DATE:  22 October 2013

		DOCKET NUMBER:  AR20130002694 


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 his records be corrected to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Presidential Unit Citation, and the Bronze Star Medal.

2.  The applicant states he believes his unit was authorized the awards which he is requesting as well as believing he may be entitled to award of the Bronze Star Medal based on his award of the Combat Infantryman Badge.

3.  The applicant provides copies his DD Form 214 (Report of Transfer or Discharge), DD Form 215 (Correction to the DD Form 214), a DA Form 1577 (Authorization for Issuance of Awards), a National Personnel Records Center Form 99-2A (Addendum to DA Form 1577), Special Orders Number 124, and four pages of the history of the 1st Infantry Battalion, 22nd Infantry Regiment and Operation Wayne Grey. 

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, a retired U.S. Army Reserve (USAR) sergeant first class, served on active duty in the Regular Army from 3 January 1968 through 10 October 1969 with assignment to Company D, 1st Battalion, 22nd Infantry Regiment in Vietnam for a period of 11 months and 28 days.  The exact dates of his service in Vietnam are not of record; however the time frame appears to be from late September 1968 through the early of October 1969.

3.  4th Infantry Division Special Orders Number 124, dated 4 May 1969, awarded the applicant the Combat Infantryman Badge.

4.  His 10 October 1969 DD Form 214 lists his awards as the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar for both the M-14 rifle and M-16 rifle, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 1st Battalion, 22nd Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Presidential Unit Citation.  

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

   a.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
   
   b.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam, he served during the following four campaign periods:  the Counteroffensive Phase V, 1 July 1968 - 1 November 1968; Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; and the Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969.

DISCUSSION AND CONCLUSIONS:

1.  Entitlement to a Bronze Star Medal based on the award of the Combat Infantryman Badge pertains only to World War II Soldiers who were awarded the Combat Infantryman Badge.  The applicant does not meet the requirements for this consideration.  

2.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.

3.  In addition to the awards shown on the DD Form 214 and DD Form 215 the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Presidential 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.  deleting from his DD Form 214 the Vietnam Service Medal; and 
   
   b.  showing that, in addition to the awards shown on the DD Form 214 and DD Form 215, the applicant is also authorized award of the Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Presidential 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 award of the Bronze Star Medal based on award of the Combat Infantryman Badge.



      _______ _  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)                                         AR20130002694





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ABCMR Record of Proceedings (cont)                                         AR20130002694



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