IN THE CASE OF:	  

		BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140006181 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the award of a Bronze Star Medal (BSM) and a Combat Infantryman Badge (CIB).

2.  The applicant states he earned a BSM and a CIB while serving in Vietnam and it is not reflected on his DD Form 214.

3.  The applicant provides a DD Form 214, BSM citation, and a letter from a Veterans Benefit Counselor.

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 was inducted into the Army on 13 July 1970.  His records show he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant/
E-5.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 17 July 1971 to 31 March 1972.  He participated in three campaign periods.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned first to the 18th Replacement Company, then the 259th Replacement Company, both in the 90th Replacement Battalion.  It also shows he received all “excellent” conduct and efficiency ratings.  His record contains no derogatory information.

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the award of either the BSM or the CIB.  

6.  He was honorably released from active duty on 1 April 1972.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and one overseas service bar.

7.  Department of the Army, Headquarters, United States Army Vietnam, General Orders Number 725, dated 5 April 1972, show he was awarded the BSM.

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

9.  Army Regulation 600-8-22 states the 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 will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

10.  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.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the BSM.  All units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is authorized to wear three bronze service stars on his VSM.  Therefore, his DD Form 214 should be amended to show these awards.

2.  The applicant separated in the rank of sergeant and had all “excellent” conduct and efficiency ratings.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 13 July 1970 through 1 April 1972.

3.  There is insufficient evidence to show he meets the criteria for award of the CIB.  Although the applicant held a qualifying MOS, no evidence is either provided or available in the record that shows he was involved in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size.  Absent the required evidence, there is no basis to grant award of the CIB.

4.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 Army Good Conduct Medal (1st Award) for the period   13 July 1970 through 1 April 1972;

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

   c. adding to his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the 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 the Combat Infantryman 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)                                         AR20140006181



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ABCMR Record of Proceedings (cont)                                         AR20140006181



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