IN THE CASE OF:	  

		BOARD DATE:	  15 April 2014

		DOCKET NUMBER:  AR20130013457 


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 award of the Combat Infantryman Badge, Overseas Service Bar, Air Medal, and Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states these medals are not listed on his DD Form 214.  

3.  He provides:

* DD Form 214
* Air Medal award certificate
* Army Commendation Medal award certificate and citation
* DA Form 20 (Enlisted Qualification Record), pages 2 to 4

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 25 February 1971.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained was specialist four (SP4)/E-4.

3.  His DA Form 20 shows in:

	a.  item 22 (MOSs), he was awarded primary MOS 11B on 2 July 1971.

	b.  item 31 (Foreign Service), he served in Vietnam from 7 August 1971 through 28 April 1972 (a period of 8 months and 22 days).

	c.  item 38 (Record of Assignments), he performed the duties of a rifleman in duty MOS 11B while assigned to Company B, 3rd Battalion, 21st Infantry Regiment in Vietnam.

	d.  item 38, he received all "excellent" conduct and efficiency ratings and one rating of "unknown" during his tenure on active duty.

	e.  item 41 (Awards and Decorations) entry for the Combat Infantryman Badge awarded by Headquarters, 196th Infantry Brigade, Special Order Number 316 and one Overseas Service Bar.  No entries for award of the Air Medal and Army Commendation Medal.

4.  His service record contains Headquarters, 196th Infantry Brigade, Special Orders Number 316, dated 12 November 1971, which show he was awarded the Combat Infantryman Badge.

5.  He provided a certificate, dated 20 April 1972, which indicates he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 4 September 1971 to 27 February 1972.  His service record does not contain flight records or orders for award of the Air Medal.

6.  He also provided a certificate dated 3 June 1972 and a citation which indicate he was awarded the Army Commendation Medal for meritorious service from 
9 August 1971 to 10 June 1972.  His service record does not contain orders for award of the Army Commendation Medal.


7.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for and awarded the first award of the Army Good Conduct Medal.

8.  He was honorably released from active duty on 30 April 1972 in the rank/grade of SP4/E-4.  He completed 1 year, 2 months, and 6 days of total active service with no days of time lost. 

9.  The DD Form 214 he was issued at the time shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).  

10.  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 orders for the Air Medal or Army Commendation Medal pertaining to the applicant.

11.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971 by Department of the Army General Order Number 6, dated 1974.

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

13.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase VII and Consolidation I campaigns.

16.  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 Federal military service completed on or after 27 August 1940; for 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.

DISCUSSION AND CONCLUSIONS:

1.  Special orders show the applicant was awarded the Combat Infantryman Badge in November 1971.  Therefore, this badge should be added to his DD Form 214.

2.  He served in Vietnam from 7 August 1971 through 28 April 1972, which is a period of 8 months and 22 days of foreign service.  The Overseas Service Bar is an item of uniform wear, not an award or decoration.  Therefore, it is not authorized to be recorded on his DD Form 214.

3.  He provided a certificate for award of the Air Medal.  However, absent orders authorizing him award of the Air Medal, there is insufficient evidence on which to base correction of his records to show this award.  Therefore, there is no basis for granting the applicant's request.

4.  He also provided a certificate for award of the Army Commendation Medal.  However, absent orders authorizing him award of the Army Commendation Medal, there is insufficient evidence on which to base correction of his records to show this award.  Therefore, there is no basis for granting the applicant's request.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  His service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 25 February 1971 through 30 April 1972.  He was promoted to SP4/E-4 and he received all "excellent" conduct and efficiency ratings and one "unknown" rating during his tenure on active service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 25 February 1971 through 30 April 1972 and his DD Form 214 should be corrected to show this award.

7.  He received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his already-awarded Vietnam Service 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:

   a.  deleting the Vietnam Service Medal from his DD Form 214;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 25 February 1971 through 30 April 1972; and 
   
   c.  amending his DD Form 214 by adding award of the Combat Infantryman Badge, Republic of Gallantry Cross with Palm Unit Citation, Army Good Conduct Medal (1st Award), and Vietnam Service Medal with two 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 adding award of the Overseas Service Bar, Air Medal, and Army Commendation 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)                                         AR20130013457





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ABCMR Record of Proceedings (cont)                                         AR20130013457



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