IN THE CASE OF: 

		BOARD DATE: 7 November 2013

		DOCKET NUMBER:  AR20130005181


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 he was awarded the Bronze Star Medal and the Combat Infantryman Badge, or Combat Action Badge (whichever one is correct).

2.  The applicant states he was in combat and received the Bronze Star Medal.
 
3.  The applicant provides copies of his:

* Bronze Star Medal Certificate and Citation 
* Certificate of Appreciation
* DD Form 214
* U.S. Army Reserve Components Personnel and Administration Center (RCPAC) letter, dated 11 November 1972
* Honorable Discharge Certificate
* Department of Veterans Affairs (VA) Form 21-4138, dated 4 December 2012

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 enlisted in the Regular Army on 6 March 1969 for 2 years.

3.  The applicant was honorably released from active duty (REFRAD) on 
19 December 1970 in the rank of specialist five (SP5)/E-5.  He had completed 1 year, 9 months, and 14 days of net active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal with 1st Oak Leaf Cluster, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It also shows his military occupational specialty (MOS) as 94B (Cook).

4.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 pertaining to the applicant.

5.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  His conduct and efficiency ratings are not available.

6.  The applicant provided a copy of:

	a.  A certificate and citation showing he was awarded the Bronze Star Medal for the period January to December 1970.

	b.  An RPCAC letter, dated 11 November 1972, stating they had received a Bronze Star Medal for the applicant, but the general orders were not included.

7.  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 military service completed on or after 27 August 1940; for the 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.

8.  His record contains a partial copy of orders showing he was awarded the Army Commendation Medal for meritorious achievement in Vietnam from 
1 February through 31 May 1970.  His unit is shown as Headquarters and Headquarters Company, 1st Battalion, 20th Infantry, Americal Division.  

9.  Army Regulation 600-8-22 (Military Awards) states the 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.

10.  Army Regulation 600-8-22 states the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  

11.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Winter - Spring 1970                  1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive                     1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII        1 July 1970 - 30 June 1971

12.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his receipt of a personal decoration and honorable release from active duty as a SP5.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 6 March 1969 through 19 December 1970.
2.  He provided a certificate, citation and a letter from RCPAC as evidence to show he was awarded the Bronze Star Medal.  These are accepted as sufficient to show he was awarded this medal.

3.  Records show the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  During the applicant's assignment to his unit in Vietnam it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  His DD Form 214 should be corrected to show these awards.

6.  The available evidence clearly shows the applicant served with an infantry unit in Vietnam and was awarded the Army Commendation Medal; however, there is no available evidence showing he was recommended for or awarded the Combat Infantryman Badge or that he was an infantryman.

7.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  The applicant was REFRAD effective 19 December 1970.  There is no evidence showing he is eligible for this award.

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 is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
6 March 1969 through 19 December 1970; and

	b.  adding the following awards to his DD Form 214:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* three bronze service stars with his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 to award of either the Combat Infantryman Badge or the Combat Action 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130005181



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