BOARD DATE:	  17 March 2015

		DOCKET NUMBER:  AR20140006760 


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 award of the Bronze Star Medal and Combat Infantryman Badge.

2.  The applicant states, in effect, these awards were left off his DD Form 214 and he wants the hazards he endured during combat in Vietnam acknowledged.

3.  The applicant provides his DD Form 214 and a letter of support. 

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 of the United States on 28 March 1968.  Following initial training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He was selected as a candidate for the Noncommissioned Officer (NCO) Leadership Course (Phase I and II).  He successfully completed this course and, on 12 November 1968, he was promoted to the rank/grade of sergeant/E-5.  He served in Vietnam from on or about 24 February 1969 to on or about 23 February 1970.

4.  He was honorably released from active duty on 23 February 1970.  He held the rank/grade of staff sergeant/E-6.  His DD Form 214 shows a total creditable active service of 1 year, 10 months, and 26 days.  He was awarded or authorized the following:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

5.  Special Orders (SO) Number 133, dated 13 May 1968, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  SO Number 196, dated 15 July 1968, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

7.  SO Number 197, dated 16 July 1968, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  SO Number 90, dated 31 March 1969, issued by Headquarters, 199th Infantry Brigade (Separate) (Light), awarded the applicant the Combat Infantryman Badge.

9.  General Orders (GO) Number 90, dated 1 December 1969, issued by Headquarters, 199th Infantry Brigade (Separate) (Light), awarded the applicant the Army Commendation Medal for meritorious achievement during the period 24 February 1969 to 23 July 1969.

10.  GO Number 2498, dated 23 December 1969, issued by Headquarters, 199th Infantry Brigade (Separate) (Light), awarded the applicant the Army Commendation Medal (Second Oak Leaf Cluster) for meritorious achievement during the period February 1969 to February 1970.  The reference to "second oak leaf cluster" suggests it was the third award of the Army Commendation Medal, but his record is void of any orders showing a second award.

11.  GO Number 31, dated 1 January 1970, issued by Headquarters, 199th Infantry Brigade (Separate) (Light), awarded the applicant the Air Medal for meritorious service while participating in aerial flight for the period 13 April 1969 to 25 November 1969.

12.  His DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  Item 31 (Foreign Service) shows he has qualifying service for three campaign periods: 

* Tet 69 Counteroffensive , 1969 (23 February 1969 to 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)

	b.  Item 38 (Record of Assignments) shows he was assigned to two units while in Vietnam:

* Company C, 5th Battalion, 12th Infantry Regiment, 199th Infantry Brigade
* Company D, 5th Battalion, 12th Infantry Regiment, 199th Infantry Brigade

	c.  Item 38 also shows he received "excellent" conduct and efficiency ratings for all periods of service.  There is no evidence of any derogatory or disciplinary actions against the applicant or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).

	d.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the Bronze Star Medal.

13.  A thorough review reveals there are no documents in the applicant's record showing he was either recommended for or ever awarded the Bronze Star Medal.

14.  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, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

15.  The applicant provides a letter of support from a now retired Army officer who served with him during Vietnam.  He essentially affirms the dates he and the applicant served together, states the applicant served with distinction, and notes he should, at a minimum, have received a Combat Infantryman Badge, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  He recounts one incident where the applicant sprained his knee during a helicopter insertion, but refused to be medically evacuated so that he could continue the mission.  The writer says he would want the applicant with him if he had to go into combat again.

16.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

17.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

	c.  For each succeeding (emphasis added) act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster will be awarded.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  It shows the 5th Battalion, 12th Infantry Regiment was awarded, in Department of the Army General Order (DAGO) 51, dated 1971, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period April 1968 to 31 August 1970.

	b.  This pamphlet shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  A thorough review of available records was unable to confirm the applicant was awarded a Bronze Star Medal.

2.  Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders.  The applicant's records do not contain and he does not provide supporting evidence, specifically orders, which show he was awarded the Bronze Star Medal.  Consequently, the requested relief cannot be granted.  Should he be able to provide the required verifying documentation, in the form of orders, within 1 year of the date of the Board's decision, his application can be reconsidered.

3.  The applicant's records contain SO for the following awards, and his DD Form 214 should be corrected to show them:

* Combat Infantryman Badge 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

4.  The applicant's records contain GO for the Air Medal and at least two Army Commendation Medals.  One of the GO shows the award of the Army Commendation Medal with 2nd Oak Leaf Cluster.  According to the regulation, one oak leaf is given for each succeeding award, suggesting he actually received three Army Commendation Medals.  While his record does not contain orders for the second Army Commendation Medal, presuming administrative correctness, it would be appropriate to amend his DD Form 214 to show three awards of the Army Commendation Medal.

5.  Records show the applicant received "excellent" conduct and efficiency ratings for each duty assignment and there is no record of a commander's disqualification for award of the Army Good Conduct Medal; therefore, it would be appropriate to award this medal for the period from 28 March 1968 through 23 February 1970.

6.  Records also show he has qualifying service for three campaigns and was assigned to units when they were awarded two unit citations.  These awards should be added to his DD Form 214.

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
28 March 1968 through 23 February 1970,

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

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

* Air Medal
* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

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 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)                                         AR20140006760



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ABCMR Record of Proceedings (cont)                                         AR20140006760



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