IN THE CASE OF: BOARD DATE: 15 December 2011 DOCKET NUMBER: AR20110012617 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 with "V" Device, and Combat Infantryman Badge. 2. The applicant states he was wounded in action while serving in Vietnam and medically evacuated. He received his medals in 1972, but he has not been successful in getting his DD Form 214 corrected. He adds that he received the documents awarding him the Silver Star and Bronze Star Medal with "V" Device; however, they have been lost. 3. The applicant provides copies of his orders and citation for the Bronze Star Medal for meritorious service, DD Form 214, and DA Form 1577 (Authorization for Issuance of Awards). COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel requests, in effect, correction of the applicant's DD Form 214 to show award of the Silver Star, Bronze Star Medal with "V" Device, and Combat Infantryman Badge. 2. Counsel states, in effect, that she defers to the applicant. 3. Counsel provides no additional documentary evidence. 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 U.S. Army on 28 December 1965. He was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service): service in Vietnam from 25 July 1966 through 7 June 1967; b. item 38 (Record of Assignments): (1) service in duty MOS 11C2O (Ammunition Bearer), Company D, 2nd Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), from 1 August 1966 through 3 April 1967; and (2) he was a patient and assigned to the Medical Holding Detachment, U.S. Army Hospital, Camp Zama (Japan), from 4 April to 24 May 1967; (3) he received "excellent" conduct and efficiency ratings throughout his service, except for the period from 12 April through 1May 1966 while in a travel status en route to his next assignment and he received ratings of "unknown"; c. item 39 (Campaigns): is blank (no entry); d. item 40 (Wounds): Gunshot wound - right leg, 11 March 1967; and e. item 41 (Awards and Decorations): Vietnam Service Medal, National Defense Service Medal, Purple Heart, and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar. 4. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3663, dated 2 July 1967, awarded the applicant the Silver Star for gallantry in action in the Republic of Vietnam on 11 March 1967. 5. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3998, dated 14 July 1967, awarded the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period July 1966 to July 1967. 6. A DD Form 214 shows the applicant entered active duty on 28 December 1965, was honorably released from active duty on 14 December 1967, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation. a. He completed 1 year, 11 months, and 17 days of active service that included 10 months and 7 days of service in Vietnam. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, Purple Heart, and 2nd Class Gunner [Marksman] Marksmanship Qualification Badge with Mortar and Rifle (M-14) Bars. 7. In support of his application, the applicant provides the following documents. a. The front page of Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 3998, dated 14 July 1967, and Bronze Star Medal Citation that show the applicant was awarded the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period July 1966 to July 1967. b. A DA Form 1577, dated 21 October 1972, that shows the Commander, U.S. Army Reserve Personnel Center, St. Louis, Missouri, authorized the issuance of the following medals to the applicant: * Silver Star * Bronze Star Medal with "V" Device * Purple Heart * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 8. A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Bronze Star Medal with or without the "V" Device, or the Combat Infantryman Badge. 9. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal to the applicant. 10. A review of the available evidence reveals he may be authorized additional awards that are not shown on his DD Form 214. 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company D, 2nd Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), from 1 August 1966 through 3 April 1967, the battalion was cited for award of the: a. Valorous Unit Award for actions on 11 March 1967 by Department of the Army General Orders (DAGO) Number 54 (1968), and b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period: * 9 August 1965 to 19 May 1967 by DAGO Number 59 (1969) * 13 September 1965 to 1 April 1972 by DAGO Number 54 (1974) * 17 September 1965 to June 1972 by DAGO Number 54 (1974 c. This Army pamphlet also shows that although multiple awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. 12. A review of the applicant's military personnel records failed to show he was awarded the Army Good Conduct Medal (1st Award). 13. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. 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. There must have been no convictions by a court-martial. 14. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations: a. Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal. It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in. b. Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam, participation credit was awarded for the: * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968) c. Paragraph 8-6 contains the regulatory guidance for the Combat Infantryman Badge. 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 or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. d. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. A bronze "V" device indicates an act of heroism involving conflict with an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. e. It also provides that to ensure a deserving act, achievement, or service receives appropriate recognition, pending final action on a recommendation for a higher award, the rewarding authority may promptly award a suitable lesser military decoration. When a higher award is approved, the approving authority will revoke the interim award using a separate order. 15. Title 10 of the U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 16. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show the Silver Star, Bronze Star Medal with "V" Device, and Combat Infantryman Badge because he received his medals in 1972, but he has not been successful in getting his DD Form 214 corrected. 2. General orders awarded the applicant the Silver Star for gallantry in action in the Republic of Vietnam on 11 March 1967. 3. General orders awarded the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam during the period July 1966 to July 1967. 4. The applicant's claim to the Bronze Star Medal with "V" Device was carefully considered. a. Despite the fact that the applicant was issued a Bronze Star Medal with "V" Device medal set in 1972, there are no orders or any other Army records that show the applicant was awarded the Bronze Star Medal with "V" Device or that he was recommended for the award. It is possible the applicant was presented the medal as an interim award pending approval of the Silver Star and that the Bronze Star Medal with "V" Device was revoked upon approval of the Silver Star. b. In any event, there is insufficient evidence to support the applicant's claim to the Bronze Star Medal with "V" Device. c. While the available evidence is insufficient for correcting the applicant's records to show a Bronze Star Medal with "V" Device, this in no way affects his right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of 10 USC 1130. 5. The applicant's claim to the Combat Infantryman Badge was carefully considered. a. There are no orders that show the applicant was awarded the Combat Infantryman Badge. However, the evidence shows the applicant was awarded MOS 11C and he served in duty MOS 11C as an ammunition bearer for more than seven months while assigned to Company D, 2nd Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile) in Vietnam. (1) He was awarded the Silver Star for gallantry in action while under fire against a hostile force in the Republic of Vietnam on 1 March 1967. (2) He was awarded the Purple Heart for wounds received in action against a hostile force in the Republic of Vietnam on 11 March 1967. (3) He was awarded the Bronze Star Medal for meritorious service in the Republic of Vietnam from July 1966 to July 1967. b. Thus, the available evidence supports award of the Combat Infantryman Badge in this case. Therefore, it would be appropriate to correct the applicant's records by awarding him the Combat Infantryman Badge. 6. Records show the applicant participated in two campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal. 7. General orders awarded the applicant's unit the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 8. The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 28 December 1965 through 14 December 1967. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award). b. He received "excellent" conduct and efficiency ratings during his service, except when he received ratings of "unknown" for the period from 12 April through 1 May 1966, which is not disqualifying; c. Despite the absence of the unit commander's recommendation for the Army Good Conduct Medal (1st Award), based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award). 9. In view of the foregoing, it would be appropriate to correct the applicant's records to show his awards and decorations as recommended below. 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. deleting from item 24 of his DD Form 214 the "Vietnam Service Medal"; and b. adding to item 24 of his DD Form 214 the: * Silver Star * Bronze Star Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 2 bronze service stars * Combat Infantryman Badge * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm 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 the Bronze Star Medal with "V" Device. _______ _ 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) AR20110012617 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110012617 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1