IN THE CASE OF: BOARD DATE: 21 March 2023 DOCKET NUMBER: AR20220007356 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge and Bronze Star Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 18 April 2022 * Special Orders Number 264 (Combat Infantryman Badge), Headquarters, 101st Airborne Division (Airmobile), 21 September 1971 * DA Form 2496-1 (Disposition Form), 28 September 1971 * DD Form 214, 17 October 1971 * certificate, Bronze Star Medal, 21 October 1971 * citation, Bronze Star Medal, undated FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, that he is concerned that he will not receive proper recognition upon death if his records are not corrected immediately. He wants to have his DD Form 214 updated to reflect award of the Bronze Star Medal and Combat Infantryman Badge. 3. A review of the applicant's record and Army regulations shows he meets the criteria for additional awards not currently listed on his DD Form 214. These awards will be addressed through an administrative correction without action by the Board. 4. The applicant enlisted in the Regular Army on 27 February 1970. He was trained in military occupational Specialty 11D, Armor Reconnaissance Specialist. 5. Special Orders Number 167, issued by Headquarters, 2nd Advanced Individual Training Brigade, Fort Knox, KY on 13 August 1970 awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 6. The applicant's DA Form 20 (Enlisted Qualification Record) contains the following information and/or entries: a. Item 31 (Foreign Service) shows he served in Vietnam from 16 October 1970 to 15 October 1971 and Item 38 (Record of Assignments) shows he was assigned to: * Battery C, 4th Battalion, 60th Artillery Regiment, Vietnam, from 22 October 1970 to 16 May 1971 * Troop C, 3d Squadron, 5th Cavalry Regiment, 9th Infantry Division from 3 June 1971 to 11 October 1971 c. Item 38 also shows he received all excellent conduct and efficiency ratings. d. Item 41 (Awards and Decorations) does not list the Bronze Star Medal. 7. Special Orders Number 264, issued by Headquarters, 101st Airborne Division on 21 September 1971 awarded him the Combat Infantryman Badge. 8. The applicant was honorably released from active duty on 17 October 1971. His DD Form 214 credits him with the completion of 1 year, 7 months, and 21 days of net active service and shows he was authorized the following awards: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar * Expert Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 9. The applicant's military record does not contain evidence showing he was awarded the Bronze Star Medal. However, he provides a citation and certificate of the Bronze Star Medal, dated 21 October 1971, showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in Vietnam from May 1971 to September 1971. 10. 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, was unavailable at the time to reveal any orders for award of the Bronze Star Medal pertaining to the applicant. 11. The applicant’s record does not contain evidence his commander disqualified him for award of the Army Good Conduct Medal (1st Award). He received all excellent conduct and efficiency ratings. His record does not contain evidence of a court-martial conviction nor any other derogatory information that would disqualify him from the first award of the Army Good Conduct Medal. ? BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The evidence of record shows the applicant served in Vietnam from 16 October 1970 to 15 October 1971. There is no evidence in his records, and he does not provide any to show he was awarded the Bronze Star Medal. Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. In the absence of the general orders that confirm this award, the Board determined there is insufficient evidence to add it to his DD Form 214. b. As a related award, the evidence shows the applicant served honorably on active duty from 27 February 1970 to 17 October 1971, completing 1 year, 7 months, and 21 days of net active service. The applicant's record shows he had all excellent conduct and efficiency ratings, and he received an honorable characterization of service. Additionally, his record does not contain evidence of convictions by a court-martial or a commander's statement of disqualification. Based on the evidence, the Board determined he should be awarded the Army Good Conduct Medal (1st Award). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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, in addition to the corrections addressed in Administrative Note(s) below, by: * awarding him the Army Good Conduct Medal (1st Award) for service during the period 27 February 1970 through 17 October 1971 * adding award of the Army Good Conduct Medal (1st Award) to his DD Form 214 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 two awards of the Bronze Star Medal. 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. ADMINISTRATIVE NOTES: Make the following administrative corrections to the applicant's DD Form 214: a. delete the Vietnam Service Medal, and b. add the following awards: * Vietnam service Medal with 2 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Machine Gun Bar REFERENCES: 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 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. 2. Army Regulation (AR) 600-8-22 (Military Awards): a. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. During his service in Vietnam, the applicant participated in the following 2 campaigns: * Vietnam Counteroffensive, Phase VII: 1 July 1970 – 30 June 1971 * Consolidation I: 1 July 1971 – 30 November 1971 b. 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. 3. 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, 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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders. 4. Department of the Army Pamphlet 672-3 (Unit and Campaign Participation Credit Register) shows Department of the Army General Orders 54, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to 4th Battalion, 60th Artillery Regiment for the period 1 August 1965 to 16 April 1971. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007356 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1