RECORD OF PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:            FEBRUARY 3, 2004                  
	DOCKET NUMBER:   AR2003090635

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deyon D. Battle		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms.  Regan K. Smith		Member	
	Mr. Curtis L. Greenway		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his records be corrected to show the award of the Bronze Star Medal and the Combat Infantryman Badge.

2.  The applicant states that he believes that he should have been awarded the Combat Infantryman Badge and possibly the Bronze Star Medal based on his combat action in Vietnam.  He states that award of the Purple Heart along with Combat Infantryman Badge warrants being awarded the Bronze Star Medal.  He goes on to state that he believes that his failure to be awarded the Combat Infantryman Badge was an oversight and that he has been in contact with other members of his unit that have received the Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error, which occurred on 20 October 1970.  The application submitted in this case is dated 26 April 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  He was inducted into the Army on 28 March 1969, at Fort Dix, New Jersey.  He successfully completed his training as a light weapons infantryman.  On 30 August 1969, he was transferred to Vietnam and he was assigned to Company D, 4th Battalion, 31st Infantry, 196th Infantry Brigade.

4.  He was retired by reason of physical disability on 20 October 1970.  He had completed 1 year, 6 months and 23 days of total active service.  The Report of Transfer or Discharge (DD Form 214) that he was furnished at the time of his discharge shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal w/Device 1960 and the Purple Heart.  His DD Form 214 also shows his entitlement to the Vietnam Service Medal; however, it does not show the three bronze service stars to which he is entitled for his campaign participation.

5.  While in Vietnam, the applicant participated in the following three campaigns: the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; the Vietnam Winter-Spring 1970, which extended from 1 November 1969 

through 30 April 1970; and the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970.

6.  The same regulation also authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August to 31 December 1969 and 31 March to 30 June 1970 by Department of the Army General Orders Number 6, dated 1974.

8.  Army Regulation 600-8-22 provides that to be eligible for the Combat Infantryman Badge, a soldier must be an Army infantry or special forces officer in the grade of colonel or below, or an Army enlisted soldier or warrant officer with an infantry or special forces military occupational specialty, who subsequent to 6 December 1941 has satisfactorily performed duty while assigned or attached as a member of a infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

9.  Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10.  Army Regulation 600-8-22 further provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.  At the time that the applicant’s unit served, a recommendation was required to be submitted with 2 years of the actions or service for which cited.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicable regulation, the applicant is not entitled to the award of the Bronze Star Medal based on the award of the Combat Infantryman Badge. Additionally, a review of his records fails to show that orders were ever published awarding him the Bronze Star Medal for heroism or for meritorious achievement or service in military operations against an armed enemy.  Therefore, he is not entitled to have the Bronze Star Medal added to his DD Form 214 for his service in Vietnam.

2.  However, the records show that the applicant was an infantryman, that he was assigned to an infantry brigade engaged in ground combat while he was in Vietnam, and that he was wounded in action.  Therefore he is entitled to award of the Combat Infantryman Badge.

3.  The applicant’s records also show that he is entitled to award of the Good Conduct Medal; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and three bronze service stars to be affixed to his Vietnam Service Medal to denote his campaign participation in Vietnam.  His records should be corrected accordingly.

BOARD VOTE:

sac_____  rks____  _  clg  _ ___  GRANT 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the DD Form 214 of the individual concerned to show the award of the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Good Conduct Medal and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal to denote his campaign participation in Vietnam.

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 Bronze Star Medal.  

		___Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2003090635	
SUFFIX		
RECON		
DATE BOARDED	20040203	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000.0000/DECORATIONS AND AWARD	
2.  60	107.0014.0000/BSM	
3.  157	107.0111.0000/CIB	
4.		
5.		
6.