IN THE CASE OF:	  

		BOARD DATE:	 29 October 2013 

		DOCKET NUMBER:  AR20130004306 


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 add the Bronze Star Medal and the Combat Infantryman Badge.

2.  The applicant states the Bronze Star Medal and the Combat Infantryman Badge were not listed on his DD Form 214.

3.  The applicant provides a certificate for award of the Bronze Star Medal and 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 18 January 1968 and held military occupational specialty 11D (Armor Intelligence Specialist). The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  Special Orders (SO) Number 63, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ on 3 March 1968 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 84, issued by Headquarters, 1st Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY on 6 May 1968 awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  SO Number 190, issued by Headquarters, U.S. Army Armor School, Fort Knox, KY on 6 September 1968 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 29 December 1968 to 16 October 1969 and served with I Troop, 3rd Squadron, 11th Armored Calvary Regiment from 2 January 1969 to 
15 October 1969.

7.  SO Number 98, issued by Headquarters, 11th Armored Calvary Regiment, Vietnam, on 16 April 1969, awarded him the Combat Infantryman Badge.

8.  There is no evidence of record in three typical sources showing he was awarded the Bronze Star Medal:

	a. Item 41 (Awards and Decorations) of his DA Form 20 does not list the Bronze Star Medal among his awards.

	b.  His record does not contain official orders awarding him the Bronze Star Medal.

	c.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the HRC, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Bronze Star Medal pertaining to him.

9.  He was honorably released from active duty on 18 October 1969.  His 
DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

10.  He provided a certificate for award of the Bronze Star Medal which shows the Bronze Star Medal was awarded for the period December 1968 to December 1969 for achievement.  The certificate does not list order numbers, the specific actions justifying the award, or the unit he was assigned to during the period of the award.  

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

	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.  a bronze service star is authorized to be affixed to the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)

12.  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 applicant's unit was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 to15 February 1970 in Department of the Army General Orders (DAGO) Number 50, dated 1971 

	b.  Valorous Unit Award for the period:

* 23–25 May 1969 in DAGO Number 50, dated 1971
* 17– 20 June 1969, DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence in the applicant's available record to show he was awarded the Bronze Star Medal.  The citation he provided is insufficient to confirm this award.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.

2.  SO awarded him the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to add this badge.

3.  He participated in three campaigns during his service in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Valorous Unit Award during the period of his assignment.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

5.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to add these badges.

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 adding to his DD Form 214:

* Combat Infantryman Badge
* three bronze service stars affixed to his previously-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

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 adding the Bronze Star Medal 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)                                         AR20130004306



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ABCMR Record of Proceedings (cont)                                         AR20130004306



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