BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130014946 


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, Army Commendation Medal, and Bronze Star Medal.

2.  The applicant states as a recipient of the Purple Heart and qualification in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman), assigned to Company C, 2nd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, he is entitled to the awards. 

3.  The applicant provides:

* DD Form 214
* General Orders Number 2303
* General Orders Number 569

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 5 November 1968.  He completed basic combat and advanced individual training and he was awarded MOS 11C.  He was stationed in the Republic of Vietnam from 16 January through 28 November 1970, serving with Company E, 2nd Battalion, 503rd Infantry Regiment and Company C, 2nd Battalion, 503rd Infantry Regiment.

3.  His record contains Special Orders Number 54, issued by Headquarters,    3rd Advanced Individual Training Brigade, Fort Gordon, GA, dated 13 March 1969, which show he was awarded the Expert Marksmanship Qualification Badge with Mortar Bar (81mm).

4.  The applicant provides and his record contains General Orders Number  2303, issued by Headquarters, 173rd Airborne Brigade, dated 27 August 1970, which show he was awarded the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam.

5.  Evidence shows he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 16 July 1970.

6.  On 10 February 1972, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Parachutist Badge
* Purple Heart
* Vietnam Service Medal with three bronze service stars   
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
 
It does not show award of the Combat Infantryman Badge or the Bronze Star Medal.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge or the Bronze Star Medal and his official military records do not contain any general orders that awarded him either medal.  

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 orders for the Combat Infantryman Badge or the Bronze Star Medal pertaining to the applicant.

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.  U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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 2nd Battalion, 503rd Infantry Regiment, 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 5 May 1965 through 26 September 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971, and  

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 16 March 1971 by DAGO 5, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Expert Marksmanship Qualification Badge with Mortar Bar (81mm).  Therefore, his DD Form 214 should be corrected to show this badge.
2.  General orders awarded him the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant's request for award of the Combat Infantryman Badge has been carefully considered and is found to have merit.  By regulation, an individual must meet three basic requirements for award of the Combat Infantryman Badge.  The individual must have held an infantry MOS; served with a qualifying infantry unit of brigade, regimental, or smaller size; and must have been personally present and participated while the unit was actively engaged in ground combat with enemy forces.  Based on award of the Purple Heart, it is accepted that the evidence shows the applicant met all three of these requirements.  Therefore, he should be awarded the Combat Infantryman Badge for service in Vietnam on 
16 July 1970, and his DD Form 214 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 citations.

5.  The applicant's honorable service and the sincerity of his request are not in question.  However, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star 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.  awarding him the Combat Infantryman Badge for actions against a hostile force in the Republic of Vietnam on 16 July 1970; and
   
   
	b.  adding to his DD Form 214 the:

* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Mortar Bar (81mm)
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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.  




      _______ _   _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)                                         AR20130014946





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ABCMR Record of Proceedings (cont)                                         AR20130014946



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