IN THE CASE OF:	  

		BOARD DATE:	  5 November 2013

		DOCKET NUMBER:  AR20130005428 


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 award of the Combat Infantryman Badge and two Bronze Star Medals.  

2.  The applicant states the awards were omitted at the time of discharge.  He further requests replacement medals be sent to him because the original medals were destroyed by Hurricane Katrina.

3.  The applicant provides:

* General Orders Number 5403
* DD Form 214
* Page 4 of his DA Form 20 (Enlisted Qualification Record)
* Bronze Star Medal Certificate
* Bronze Star Medal Citation

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.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 29 December 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was stationed in Vietnam from 30 June 1967 through 29 June 1968 and assigned to  Company B, 1st Battalion, 26th Infantry Regiment, 1st Infantry Division.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.

4.  Special Orders Number 040, issued by Headquarters, Fort Polk, Fort Polk, LA, dated 11 February 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Special Orders Number 248, issued by Headquarters, 1st Infantry Division, dated 5 September 1967, awarded him the Combat Infantryman Badge.

6.  The applicant provides and his record contains General Orders Number 5403, issued by Headquarters, 1st Infantry Division, dated 11 June 1968, which award him the Bronze Star Medal for meritorious service for the period July 1967 to May 1968.

7.  On 16 December 1968, the applicant was honorably released from active duty  and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year,      11 months, and 18 days of total active service.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-60)

8.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any additional orders for the Bronze Star Medal pertaining to the applicant.

9.  The applicant provides:

   a.  a copy of his Bronze Star Medal certificate which shows he received the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period July 1967 through May 1968.  The award was signed on 20 June 1968; and 

   b.  a copy of a Bronze Star Medal citation which accompanies award of the Bronze Star Medal that shows he received the Bronze Star Medal for outstandingly meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period July 1967 to May 1968.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

11.  Army Regulation 600-8-22 states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

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 1st Battalion, 26th Infantry Regiment, 1st Infantry Division, a unit to which the applicant was assigned, was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969; and 

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO 53, dated 1970.
   
13.  Army Regulation 600-8-22 states a bronze service star is authorized with 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 III
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show award of the Combat Infantryman Badge and two Bronze Star Medals has been carefully examined and found to have partial merit.

2.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Combat Infantryman Badge.  Therefore, his record should be corrected to show these badges.

3.  General orders awarded him the Bronze Star Medal for the period July 1967 through May 1968.  The applicant provides the citation and certificate for this award.  Therefore, his record should be corrected to show this award.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his   DD Form 214 should be corrected to show these unit awards.

5.  Records show the applicant participated in three campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

6.  With regard to award of the Bronze Star Medal (first oak leaf cluster), the applicant's records do not contain nor did he provide sufficient evidence to show he was ever recommended for or awarded the Bronze Star Medal (first oak leaf cluster) during his service in the Republic of Vietnam.  In addition, there are no orders in ADCARS showing he was awarded a second Bronze Star Medal.  As a result, his DD Form 214 should not be amended to show the Bronze Star Medal (first oak leaf cluster).





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 the Vietnam Service Medal with two bronze service stars from his DD Form 214; and
   
   b.  adding to his DD Form 214 the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Combat Infantryman Badge
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with three bronze service stars

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 (first oak leaf cluster).  




      _______ _   __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)                                         AR20130005428





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ABCMR Record of Proceedings (cont)                                         AR20130005428



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