BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130020723 


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 the:

* Bronze Star Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Mortar Bar (4.2 inch and 81 millimeter (mm))

2.  The applicant states he was awarded the Purple Heart for wounds he sustained in a firefight with the North Vietnamese Army (NVA), which should qualify him for the Combat Infantryman Badge.  Further, he was interviewed in a hospital in Pleiku and told that his actions justified receipt of a Bronze Star Medal.

3.  The applicant provides a detailed account of his participation in combat that led to his injury and a Certificate of Training issued by the 5th Battalion, 16th Artillery Regiment.

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's records show he was inducted into the Army of the United States on 25 June 1968 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from:

* 29 January to 18 March 1969, with Company D, 3rd Battalion,               12th Infantry Regiment, 4th Infantry Division as an ammunition bearer
* 19 March to 18 August 1969, as a patient in the 7th Field Hospital

3.  General Orders Number 61, issued by Headquarters, 71st Evacuation Hospital (Semi-mobile (SMBL)) on 14 March 1969, awarded him the Purple Heart for wounds received in action on 12 March 1969 in the Republic of Vietnam.

4.  He was retired due to physical disability on 19 August 1969 in the rank/grade of private first class (PFC/E-3).  He completed 11 months and 25 days of creditable active duty service with no lost time.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  His records do not contain orders for the Bronze Star Medal or the Combat Infantryman Badge.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Bronze Star Medal or the Combat Infantryman Badge.  There is no entry for mortar qualification.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 for the Bronze Star Medal or the Combat Infantryman Badge pertaining to the applicant.
8.  He provides a training certificate that shows he successfully completed the 4.2 inch and 81mm Mortar Training Class #2 on 15 January 1969, as an Expert Gunner, at Base Camp Mortar Battery, 4th Infantry Division Artillery, Pleiku, Vietnam.  In addition, he provided a written account of his participation in combat action against the NVA.

9.  Army Regulation 600-8-22 (Military Awards) provides that the:

	a.  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.  

	b.  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.

	c.  Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in two campaigns.

10.  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 3rd Battalion, 12th Infantry, was cited for award of the:  

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 28 July 1969, by Department of the Army General Orders (DAGO) Number 3, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 through 31 October 1969, by DAGO Number 53, dated 1970

11.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, 


the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant held MOS 11B and was assigned as an ammunition bearer in an infantry unit throughout his service in the Republic of Vietnam.  

2.  His record contains orders that show he was awarded the Purple Heart for wounds received in action on 12 March 1969.  Based on his award of the Purple Heart and his assignment as an ammunition bearer while in Vietnam, it can be presumed that he served in active ground combat against enemy forces in Vietnam.  Therefore, it would be appropriate at this time to award him the Combat Infantryman Badge and to correct his DD Form 214 to show this award.

3.  His record confirms he was awarded the Vietnam Service Medal and he participated in two campaigns during his service in Vietnam; therefore, he is authorized to wear two bronze service stars on his previously-awarded Vietnam Service Medal.

4.  He qualified as an expert with the 4.2 inch and 81mm mortar systems; therefore, his DD Form 214 should be corrected to show he was awarded the Expert Marksmanship Qualification Badge with Mortar Bar.

5.  General orders awarded his unit in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam 


Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  With respect to the Bronze Star Medal, the governing Army regulation states formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Bronze Star Medal.  Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal.

7.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects his right to pursue a claim for this medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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 effective 12 March 1969;

	b.  deleting award of the Vietnam Service Medal from his DD Form 214; and

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

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Mortar Bar

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 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)                                         AR20130020723



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ABCMR Record of Proceedings (cont)                                         AR20130020723



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