IN THE CASE OF:	  

		BOARD DATE:	  4 December 2014

		DOCKET NUMBER:  AR20140005408 


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 Silver Star, Bronze Star Medal, Air Medal, Presidential Unit Citation, Basic Parachutist Badge, and Combat Infantryman Badge.

2.  The applicant states the awards were omitted from his DD Form 214 due to an administrative error.

3.  The applicant provides:

* DD Form 214 for the period ending 2 September 1969
* Silver Star orders
* Bronze Star Medal Certificate
* Air Medal Certificate
* 1st Cavalry Division (Airmobile) Vietnam Combat Certificate

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 23 January 1968.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).

3.  Headquarters, U.S. Army Training Center Infantry and Fort Polk, Special Orders Number 063, dated 11 March 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Training Center Infantry and Fort Polk, Special Orders Number 137, dated 28 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Headquarters, The Student Brigade, U.S. Army Infantry School, Fort Benning, Special Orders Number 167, dated 10 July 1968, awarded him the Parachutist Badge.

6.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 6 September 1968 to 28 August 1969 and participated in four campaigns while assigned to Company B, 2d Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Airmobile).

7.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2660, dated 4 March 1969, awarded him the Air Medal for meritorious achievement in the Republic of Vietnam during the period September 1968 to February 1969.

8.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 10418, dated 26 August 1969, awarded him the Silver Star for gallantry in action in the Republic of Vietnam on 8 April 1969.

9.  His records do not contain orders awarding him the Bronze Star Medal or Combat Infantryman Badge.  His DA Form 20 does not list the Bronze Star Medal or Combat Infantryman Badge as authorized awards.

10.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings during his period of active service.  There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

11.  He provided a Bronze Star Medal Certificate which shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period September 1968 to September 1969.

12.  He was honorably released from active duty on 2 September 1969.  He completed 1 year, 7 months, and 10 days of active service during this period, including 11 months and 24 days of foreign service.

13.  His DD Form 214 shows he was awarded or authorized the:

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

14.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for award of the Bronze Star Medal pertaining to the applicant.

15.  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 the 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.

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

17.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

18.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

19.  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 2d Battalion, 8th Cavalry Regiment, was cited for award of the:

* Presidential Unit Citation for the period 23 October to 26 November 1965 in Department of the Army General Orders (DAGO) 40, dated 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 in DAGO 59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 in DAGO 11, dated 1973, as amended by DAGO 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 to June 1972 in DAGO 54, dated 1975
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 in DAGO 42, dated 1972

20.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, where a single unit received duplicate Vietnamese unit awards during the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Silver Star and Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these medals.

2.  Special orders awarded him the Basic Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  He served in Vietnam from 6 September 1968 to 28 August 1969 and participated in four campaigns.  Therefore, he is authorized award of four bronze service stars with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  His unit in Vietnam was awarded three Republic of Vietnam Gallantry Cross with Palm Unit Citations during his period of assignment; however, the third award overlapped the periods for the other two awards.  Therefore, he is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) and correction of his DD Form 214 to show this unit award.

5.  His unit in Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is authorized award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and correction of his DD Form 214 to show this unit award.

6.  His unit in Vietnam was awarded the Presidential Unit Citation; however, the period covered was not during his period of assignment.  Therefore, he not is authorized award of the Presidential Unit Citation or correction of his DD Form 214 to show this unit award.

7.  He received all "excellent" conduct and efficiency ratings during his period of active service and there is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 23 January 1968 to 2 September 1969 and his DD Form 214 should be corrected to show this award.

8.  His records do not contain orders awarding him the Bronze Star Medal.  Regrettably, in the absence of orders, the Bronze Star Medal Certificate provided by the applicant in and of itself is insufficient to base adding award of the Bronze Star Medal to his DD Form 214.

9.  His records do not contain orders awarding him the Combat Infantryman Badge.  However, he held military occupational specialty 11B and while assigned to Company B, 2d Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Airmobile) he was awarded the Silver Star for gallantry in action on 8 April 1969. There is sufficient evidence to show he met the eligibility criteria for award of the Combat Infantryman Badge, and it appears he was awarded it.  Therefore, his DD Form 214 should be corrected to show this badge.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 23 January 1968 to 2 September 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:

* Silver Star
* Air Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The Board further determined 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 adding award of the Bronze Star Medal and Presidential Unit Citation to his DD Form 214.



      ___________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)                                         AR20140005408



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ABCMR Record of Proceedings (cont)                                         AR20140005408



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