RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060011283 


	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.


	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 correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal, the Bronze Star Medal, and the Combat Infantryman Badge.  He also requests correction to his DD Form 214, Item 12 (Last Duty Assignment and Major Command) to indicate he was assigned to the 196th Brigade vice the 198th Brigade. 

2.  The applicant states that the Army Commendation Medal and the Bronze Star Medal were issued after the DD Form 214 was issued and the Combat Infantryman Badge was somehow missed.  The brigade error was wrong when he was discharged.  He has thought about these errors for many years.  He had the time to gather the documents and now submit them for review.  This error is mostly his fault for not following-up.  He would like his service record to be accurate.

3.  The applicant provides copies of his assignment orders; his Army Commendation Medal orders, citation, and certificate; his Bronze Star Medal orders, citation, and certificate; his DD Form 214; his letter to the National Personnel Records Center (NARA); and his response from the NARA, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 7 June 1971, the date of his release from active duty.  The application submitted in this case is dated 2 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 military records show that he was inducted into the United States Army, in pay grade E-1, on 9 September 1969.  He completed basic and advanced training and was awarded military occupational specialty 11F, infantryman operations and intelligence specialist.  He was promoted to pay grade E-5 on 19 May 1970.
4.  The applicant served in Vietnam from 17 November 1970 to 7 June 1971 for one campaign.

5.  The applicant submits a copy of his orders assigning him to the Company E, 3rd Battalion, 21st Infantry Regiment.  

6.  On 31 December 1970, the applicant forwarded to the Commander, 3rd Battalion, 21 Infantry Division, 196th Infantry Brigade, a request for authorization for an early separation from the service to attend summer school at El Camino College in June 1971.  The request was approved on the same day. 

7.  The applicant submits a copy of General Orders Number 08208, dated 21 July 1971, that show he was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 1 December 1970 to 31 May 1971.  He also submits copies of his citation and certificate for this award.

8.  The applicant also submits a copy of General Orders Number 08197, dated 21 July 1971, that show he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 1 August 1970 to 30 June 1971.  He also submits copies of his citation and certificate for this award.

9.  The applicant was separated from active duty (School Release), in pay grade E-5, on 7 June 1971, and transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  

10.  Entries on his DD Form 214 do not show award of the Army Commendation Medal, the Bronze Star Medal, and the Combat Infantryman Badge.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, lists the following awards: the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 device, two Overseas Service Bars, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-16).

11.  The applicant's records contain a letter, dated 8 November 1971, from the Army Reserve Components Personnel and Administration Center, which shows he was awarded the Army Commendation Medal.  The applicant was advised that if he would like a formal presentation of the award, he should sign the letter, and return it.  If he would like to have the award mailed to his home address, he did not need to return the letter.

12.  The applicant's records contain a letter, dated 26 November 1971, from the Army Reserve Components Personnel and Administration Center, which shows he was awarded the Bronze Star Medal.  The applicant was advised that if he would like a formal presentation of the award, he should sign the letter, and return it.  If he would like to have the award mailed to his home address, he did not need to return the letter.

13.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20 (Enlisted Qualification Record), showing he was awarded the Combat Infantryman Badge.  There are no orders in the applicant's military personnel records awarding him the Combat Infantryman Badge.

14.  There is no indication in the applicant's service records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.

15.  The applicant was honorably discharged from the USAR on 1 September 1975.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

17.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal could be awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  

18.  Army Regulation 600-8-22 also provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 U.S. Army Human Resources Command (formerly known as 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 military occupational specialty 11B, 11C, 11F, 11G, or 11H.
19.  Army Regulation 600-8-22 further 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.  

20.  Army Regulation 600-8-22 also provides, in pertinent part, that bronze service stars are authorized for wear on the Vietnam Service Medal to denote a Soldier's campaign participation.

21.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with Company E, 3rd Battalion, 21st Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Orders Number 6, dated 1974. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 1 December 1970 to 31 May 1971.  The evidence also shows he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 1 August 1970 to 30 June 1971.  Therefore, he is entitled to have the Army Commendation Medal and the Bronze Star Medal shown on his DD Form 214.

2.  The evidence also confirms that the applicant served in a qualifying infantry MOS while in an infantry unit and was personally present and participated in combat operations while serving in Vietnam, based on his award of the Bronze Star Medal for meritorious service in connection of military operations against a hostile force.  Therefore, it would also be appropriate to award the applicant the Combat Infantryman Badge and add it to his DD Form 214.

3.  The applicant served in a unit, which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant also served in Vietnam for one campaign.  He is therefore entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one bronze service star to be affixed to the Vietnam Service Medal, which is currently shown on his DD Form 214.

4.  The evidence of record shows that the applicant completed a qualifying period of service for award of the Good Conduct Medal on 7 June 1971.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, it is concluded that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that award for the period 9 September 1969 to 7 June 1971.

5.  The evidence also shows the applicant served in Vietnam with Company E, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade, his last duty station. Through administrative error, the 198th Brigade was entered in Item 12 of his DD Form 214.  Therefore, he is entitled to correction of Item 12 of his DD Form 214, dated 7 June 1971, to show his last duty station as Company E, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 June 1971, the date of his release from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 6 June 1974.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted.

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

__KLW__  ___E.F.__  ___CD     GRANT FULL RELIEF 

________  ________  ________  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 relief and to excuse failure to timely file.  As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by:

	a.  showing he was awarded the Army Commendation Medal and the Bronze Star Medal; awarding him the Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; awarding him one bronze service star to be affixed to his already-awarded Vietnam Service Medal; and awarding him the Good Conduct Medal for the period 9 September 1969 to 7 November 1971; and adding them to the list of awards contained on his DD Form 214; 

	b.  correcting Item 12 (Last Duty Assignment and Major Command) to show his last duty station as Company E, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade; and

	c.  providing him a correction to his separation document that includes these corrections.  




____Kenneth Wright_________
          CHAIRPERSON




INDEX

CASE ID
AR20060011283
SUFFIX

RECON

DATE BOARDED
20070327
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
100.00
2.
107.14
3.
107.20
4.

5.

6.