RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060010937 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Larry C. Bergquist

Member

Ms. LaVerne M. Douglas 

Member

	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, in effect, that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to show that he was awarded the Combat Infantryman Badge (CIB), and item 25 (Education and Training Completed) be corrected to show that he completed 4 years of college and 1 year of graduate studies.  

2.  The applicant states, in effect, that his DD Form 214 does not show the CIB and that his records failed to show his change in education level.  He also states that he has documentation that certifies changes in his military record and civilian education accomplishments.  

3.  The applicant provides a copy of his DD Form 214, a copy of his diploma  which awarded him a Bachelor degree in General Studies, dated 18 August 1999, and a copy of a handwritten printout from East Tennessee State University, dated June 2002, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 18 March 1971, the date of his release from active duty.  The application submitted in this case is dated 26 July 2006, but was received for processing on 3 August 2006.

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 limitations 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 record shows he enlisted in the Regular Army on 18 June 1969.  The applicant successfully completed basic combat training at Fort Gordon, Georgia, and advanced individual training at Fort Polk, Louisiana.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.


4.  He served in Vietnam from 16 November 1969 to 29 October 1970.  He was promoted to sergeant (SGT/E-5) effective 16 September 1970.  He continued to serve until he was honorably released from active duty on 18 March 1971.  He was transferred to the Army Reserve.

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Bronze Star Medal.  His DD Form 214 does not show any additional awards.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served as a rifleman, in MOS 11B10, with Company D, 1st Battalion, (Airmobile), 327th Infantry Regiment, in Vietnam.  There are no orders in the applicant’s personnel records to show that he was awarded the CIB. 

7.  Item 32 (Civilian Education), of his DA Form 20 (Enlisted Qualification Record, shows the applicant had completed 30 SH (semester hours), with a concentration in biology, at East Tennessee State University in Johnson City, Tennessee, before his enlistment in the Regular Army.  Item 30 (Remarks), of his DD Form 214, shows his highest civilian education level attained as "college-1yr" (1 year).

8.  The applicant provides a copy of his diploma which awarded him a Bachelor of General Studies degree, on 18 August 1999.  He also provided a copy of a handwritten Program of Study form from East Tennessee State University, School of Graduate Studies, dated June 2002, which shows that he completed 1 year of graduate courses, for a Master Degree of Liberal Arts, with a concentration, in criminology/psychology.

9.  Item 38 (Record of Assignments), of his DA Form 20 (Enlisted Qualification Record), shows the entry "EXC" (Excellent) for his conduct and efficiency.  

10.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is authorized to be awarded only to members with an infantry MOS, who served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Army Human Resources Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in infantry MOS 11B, 
11C, 11F, 11G, or 11H.




11.  Army Regulation 600-8-22 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.

12.  Army Regulation 600-8-22 shows that while the applicant was assigned in Vietnam he participated in three campaigns.  The regulation also provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.   

13.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 48, dated 1971, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214. 

14.  DA Pamphlet 672-3 shows that the applicant who was assigned to a unit subordinate to the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965
through 28 March 1973, by DAGO Number 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.

15.  Army Regulation 635-5 governs the preparation of the DD Form 214.  It states in pertinent part that item 25 will be completed to show service schools, including major courses which were successfully completed, military sponsored courses completed in civilian schools and colleges, installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the 
DD Form 214.  This entry includes the highest civilian education level acquired during this period of military service, if appropriate.











DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served as a rifleman in MOS 11B10, with Company D, 1st Battalion (Airmobile), 327th Infantry, while serving in Vietnam.  There is no evidence, and the applicant has provided none, to show that he served in active ground combat or to show that he personally came under fire while serving in Vietnam.  Therefore, this evidence is insufficient to support an award of the Combat Infantryman Badge.  He is not entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

2.  The evidence shows that the applicant completed 30 semester hours, with a concentration in biology, at East Tennessee State University in Johnson City, Tennessee, prior to his enlistment in the Regular Army.  Item 18 (Remarks), of his DD Form 214, shows his highest civilian education level attained was 1 year of college.  He later received a Bachelor of General Studies degree, from the same institution on 18 August 1999, and completed 1 year of graduate studies, 28 years later, after his release from active duty.  The applicant is advised that the DA Form 20 (Enlisted Qualification Record), is no longer maintained after a Soldier’s separation and therefore no changes are made to this form after a Soldier has been separated.  

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 18 June 1969 to 18 March 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  However, he participated in three campaigns and he is therefore, entitled to three bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, while he was a member of the unit.  Therefore, he is entitled to correction of his records to show these unit awards.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LD ___  __LB____  __TSK__  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 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 showing that he was awarded the first award of the Good Conduct Medal, for the period 18 June 1969 to 18 March 1971; three bronze service stars to be worn on the already awarded Viet Nam Service Medal; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and the 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 award of the Combat Infantryman Badge and correction of item 30 (Remarks), of his DD Form 214, to show he completed 4 years of college and 1 year of graduate studies while he served on active duty.  




_____Ted S. Kanamine______
          CHAIRPERSON




INDEX

CASE ID
AR20060010937
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070227
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710318
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.