BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140014881 


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:

* Bronze Star Medal
* Combat Infantryman Badge
* any additional awards and decorations to which he is entitled

2.  He states he was awarded the Bronze Star Medal, but it is not reflected on his DD Form 214.  He was also told that he was awarded the Combat Infantryman Badge, but he never received the certificate or the badge.

3.  He provides:

* DD Form 214
* portions of an article extracted from the May 2010 VFW (Veterans of Foreign Wars) Magazine entitled "'Answer to a Soldier's Prayer': Sacking NVA (North Vietnamese Army) Sanctuaries in Cambodia, 1970"
* a two-page extract from the website entitled "The Vietnam Veterans Memorial - The Wall-USA" (http://thewall-usa.com)

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 9 July 1969.
Upon completion of training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman).  The highest rank/pay grade that he attained while serving on active duty was specialist four/E-4.

3.  The applicant's record contains the following General Orders (GO) issued by Headquarters, 101st Airborne Division (Airmobile):

	a.  GO Number 13453, dated 7 November 1970, which show he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.

	b.  GO Number 14074, dated 29 November 1970, which show he was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam.

	c.  GO Number 477, dated 15 January 1971, which show he was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam.

4.  His DA Form 20 (Enlisted Qualification Record) reflects the following information:

	a.  Item 22 (MOSs) shows he was qualified in MOS 11C. 

	b.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam from 10 January through 4 December 1970.

	c.  Item 38 (Record of Assignments) shows that during his time in the Republic of Vietnam he served in Company E, 3rd Battalion (Airmobile), 506th Infantry Regiment in the following capacities for the periods shown:

		(1)  in duty MOS (DMOS) 11B (Light Weapons Infantryman) as a Rifleman from 23 January to 29 June 1970;
		(2)  in DMOS 11C as an Ammo Bearer Rifleman from 30 June to 30 July 1970;

		(3)  in duty DMOS 63B (Wheeled Vehicle Mechanic) from 31 July to 
29 November 1970.

	d.  Item 38 shows that he received all "excellent" conduct and efficiency ratings.

	e.  Item 41 (Awards and Decorations) shows no indication for award of either the Bronze Star Medal or the Combat Infantryman Badge.

5.  On 30 April 1971, he was honorably released from active duty.  There is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  The DD Form 214 he was issued at the time show he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Vietnam Jump Wings
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  A review of his available personnel service record failed to show any evidence and he did not provide any evidence that shows he performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, there is no evidence showing that he was ever recommended for or awarded the Combat Infantryman Badge.

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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.

8.  The applicant provides:

   a.  Portions of an article extracted from the May 2010 VFW Magazine, entitled "Answer to a Soldier's Prayer":  "Sacking NVA (North Vietnamese Army) Sanctuaries in Cambodia, 1970."  This article provides a synopsis of the two-month sanctuary busting excursion into Cambodia by 30,000 U.S. Soldiers during May and June 1970.  In part, it mentions that between 10 and 11 May, the applicant's unit was involved in the single deadliest American firefight of the invasion.  

	b.  A two-page extract from the internet website entitled "The Vietnam Veterans Memorial - The Wall-USA" (http://thewall-usa.com).  This extract contains the obituary and casualty report information for a Soldier in the applicant's unit who was killed in the Republic of Vietnam on 9 July 1970.

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

	a.  States there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	b.  Contains the regulatory guidance for awarding 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 following three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  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) lists the awards received by units serving in Vietnam.  This pamphlet shows:

	a.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

	b.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through May 1970 by DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  General orders show he was awarded the Bronze Star Medal, Air Medal, and Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to 3 bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  The evidence of record shows the applicant completed a period of honorable service wherein he received all "excellent" conduct and efficiency ratings with no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 9 July 1969 through 30 April 1971 and to correct his DD Form 214 to show this award.

5.  General orders cited his unit in Vietnam 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 tenure in Vietnam.  Therefore, his DD Form 214 should be corrected to show theses unit awards.

6.  The applicant's available record is void of any orders or other documents indicating he was recommended for or awarded the Combat Infantryman Badge by proper authority while serving on active duty.


7.  By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry MOS while assigned to an infantry unit, but the individual must have been present and participated with the unit while it was engaged in active ground combat with enemy forces.

8.  Although the evidence of record shows the applicant served in an infantry MOS while assigned to an infantry unit during his tour of duty in the Vietnam, his record is void of any evidence that shows he was personally present and participated with the unit while it was engaged in active ground combat with enemy forces.

9.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's request for award of the Combat Infantryman Badge.

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 9 July 1969 through 30 April 1971;

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

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

* Bronze Star Medal
* Army Commendation Medal
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* 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 Combat Infantryman Badge.

3.  The applicant and all others concerned should know that 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.



      _______ _   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)                                         AR20140014881



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ABCMR Record of Proceedings (cont)                                         AR20140014881



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