RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060013748 


	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.


x

	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, award of the Combat Infantryman Badge (CIB) and Bronze Star Medal (BSM).

2.  The applicant states, in effect, that his separation document (DD Form 214) does not include the CIB or BSM he earned.  He indicates he is unsure of why these awards are not reflected on his DD Form 214 and that it may be that the cause of the administrative error was his being separated early through an 
early-out program.  He now requests that his award of the CIB and BSM be added to his DD Form 214.

3.  The applicant provides no additional documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 20 June 1970, the date of his separation.  The application submitted in this case is dated 18 September 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 requests award of the BSM.  However, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) that confirms he is entitled to this award.  In the absence of authority for this award, he may request award of the BSM under the provisions of Section 1130 of Title 10 of the United States Code (10 USC 1130).  The applicant has been notified by separate correspondence of the procedures for applying for this award under 10 USC 1130.  As a result, his request for award of the BSM will not be discussed further in this Record of Proceedings.


4.  The applicant’s record shows he was inducted into the Army of the United States and entered active duty on 7 November 1968.  He was trained in, awarded, and served in MOS 11B (Infantryman), and the highest rank he attained while serving on active duty was specialist four (SP4).  

5.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 27 June 1969 through 20 June 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company D, 2nd Battalion, 28th Infantry Regiment, 1st Infantry Division, and that he was performing duties in MOS 11B as an rifleman and as an assistant gunner.  It also shows that he received no less than "Excellent" conduct and efficiency ratings at each of his active duty assignments. 

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).  

7.  The applicant's MPRJ contains Headquarters, 1st Infantry Division Special Orders Number (#) 278; dated 5 October 1969.  These orders awarded the applicant the CIB.  It also contains Headquarters, Army Training Center, 
Fort Knox, Kentucky, Special Order Number 9, dated 9 January 1969, which awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle
(M-14) Bar, Headquarters, Second AIT Brigade, United States Army Training Center, Infantry, Fort Ord, California, Special Order # 44, dated 27 February 1969, which awarded him the Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) Bar, and Headquarters, Second AIT Brigade U.S. Army Training Center, Infantry, Fort Ord, California, Special Orders Number 49, dated 5 March 1969, which awarded him the Marksman Qualification Badge with 
Rifle (M-16) Bar.

8.  On 20 June 1970, the applicant was honorably released from active duty after completing 1 year, 7 months, and 14 days of active military service. The 
DD Form 214 he was issued at the time confirms he held MOS 11B on the date of his release from active duty.  It also shows that he earned the National Defense Service Medal, RVN Campaign Medal, Vietnam Service Medal, Army Commendation Medal and Air Medal during his active duty tenure.    

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on award of the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  
10.  Chapter 4 of the awards regulation prescribes the policy for award of the 
AGCM.  It states, in pertinent part, that the AGCM 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

11.  Chapter 8 of the awards regulation contains guidance on award of combat badges.  It states, in pertinent part, that there are three basic requirements for the CIB.  The Soldier must hold an infantry MOS; must served in an infantry unit be assigned or attached to an infantry unit of brigade, regimental, or smaller size; and must be personally present and participate in active ground combat with enemy forces.  

12.  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 during his tenure of assignment, the applicant’s unit (Company D, 2nd Battalion, 28th Infantry Regiment) received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It also shows that during the period of his assignment, campaign credit was given for the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, and Sanctuary Counteroffensive campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to award of the CIB was carefully considered and found to have merit.  The applicant's record includes Headquarters, 1st Infantry Special Orders awarding him the CIB.  Therefore, it would be appropriate to add this award to his record and separation document at this time.  

2.  The applicant's record confirms that he received "Excellent" conduct and 
efficiency ratings at all of his active duty assignments.  Further, the record is void 
of any derogatory information or a specific disqualification by any of the active 
duty unit commanders for whom he served.  As a result, it would be appropriate 
to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 7 November 1968 through 20 June 1970.  


3.  The evidence of record also shows based on his service and campaign participation in the RVN, the applicant is also entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars with his Vietnam Service Medal.  It also shows that during his active duty tenure, he received the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun Bars and Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time.  

BOARD VOTE:

___x_  _x __  __x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal for his qualifying active duty service from 7 November 1968 through 20 June 1970; by showing his entitlement to the Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 3 bronze service stars with his Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun Bars, and Marksman Marksmanship Qualification Badge with
Rifle (M-16) Bar; and by providing him a correction to his separation document that includes these changes.  




____x__
          CHAIRPERSON




INDEX

CASE ID
AR20060013748
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/03/22
TYPE OF DISCHARGE

DATE OF DISCHARGE
1970/06/20
DISCHARGE AUTHORITY
AR635-200 . . . . .  
DISCHARGE REASON
Early separation
BOARD DECISION
Grant
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107
2.

3.

4.

5.

6.