RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 February 2004
         DOCKET NUMBER: AR2003089090


         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. Carolyn Wade		Analyst

The following members, a quorum, were present:

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

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge.

2. The applicant states that he served in Vietnam for 7 months; that he engaged the enemy in combat while assigned to the 1st and 25th Infantry Divisions; and that he was never issued a Combat Infantryman Badge. He states that he was awarded the Vietnam Service Medal and the Vietnam Campaign Medal.

3. The applicant provides a copy of his DD Form 214 in support of his request for award of the Combat Infantryman Badge.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1. Counsel requests that the applicant's DD Form 149 (Application for Correction of Military Record) be processed and that he be awarded the Combat Infantryman Badge.

2. Counsel makes no statement.

3. Counsel provides no evidence in support of the applicant.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 19 June 1971. The application submitted in this case is dated 3 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. The applicant's military records show that he was inducted into the Army of the United States on 17 July 1969 for a period of 2 years. Following completion of all required military training, the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and was assigned to Vietnam as his first permanent duty assignment.

4. The applicant served in Vietnam from 14 December 1969 through 15 June 1970. He served with the Company B, 1st Battalion, 2nd Infantry, 1st Infantry Division.

5. Special Orders Number 23, Headquarters, 1st Infantry Division, dated 22 January 1970, awarded the applicant the Combat Infantryman Badge.

6. The applicant's DA Form 20 (Enlisted Qualification Record) shows that he was awarded the Army Commendation Medal by General Orders Number 3938, Headquarters, 1st Infantry Division, dated 1970.

7. Records show the applicant is eligible for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm; Republic of Vietnam Civil Actions Honor Medal, First Class; one Bronze Service Star for wear on his Vietnam Service Medal, and one Overseas Service Bar which are not shown on his DD Form 214.

8. On 19 June 1971, the applicant was honorably released from active military service under the provisions of section VII, chapter 5, Army Regulation 635-200 after completing 1 year, 11 months, and 3 days of creditable military service and was transferred to the United States Army Reserve by reason of early separation of overseas returnees. His DD Form 214 credits him with the following awards: the Vietnam Service Medal, the Vietnam Campaign Medal, and the National Defense Service Medal.

9. Army Regulation (AR) 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10. 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 Unit Citation with Palm for the period 23 September 1969 to 15 February 1970 by Department of the Army General Order Number 2, dated 1971. It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class for the period October 1965 to 7 April 1970 by Department of the Army General Order Number 53, dated 1970.

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11. For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the Overseas Service Bar.

12. Army Regulation 600-8-22 (Military Awards), in pertinent part, 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.

13. Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1. Based on the evidence in this case, the applicant is entitled to correction of his records to show awards which were omitted through administrative error at the time the applicant was separated from active duty.

2. Orders show the applicant was awarded the Combat Infantryman Badge on 22 January 1970 for his service in Vietnam.

3. Records show the applicant was awarded the Army Commendation Medal by General Orders Number 3938, Headquarters, 1st Infantry Division, dated 1970.

4. Evidence of record also shows the applicant is entitled to award of the Good Conduct Medal for the period 17 July 1969 to 19 June 1971.

5. Records show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, one Bronze Service Star for wear on his Vietnam Service Medal, and one Overseas Service Bar.

BOARD VOTE:

__sac___ __clg___ __rks___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse the failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Good Conduct Medal for the period 17 July 1969 to 19 June 1971, the Combat Infantryman Badge, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, one Bronze Service Star for wear on his Vietnam Service Medal, and one Overseas Service Bar.



                           Samuel A. Crumpler
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089090
SUFFIX
RECON
DATE BOARDED	20040203
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.
3.
4.
5.
6.