RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060013812 


	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. Kenneth L. Wright 

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Ernestine Fields

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. 

2.  The applicant states, in effect, that his DD Form 214 does not show the Combat Infantryman Badge.

3.  The applicant provides a copy of orders awarding him the Combat Infantryman Badge and a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 22 May 1968, the date of his release from active duty.  The application submitted in this case is dated 20 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's record shows he was inducted on 23 May 1966.  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.  The applicant served in Vietnam from 28 November 1966 to 26 September 1967.  He was promoted to sergeant (SGT/E-5) effective 29 February 1968.  He continued to serve until he was honorably released from active duty on 22 May 1968.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).

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 with 60 Device, the Army Commendation Medal, (1st Oak Leaf Cluster), and the Purple heart (1st Oak Leaf Cluster).  His DD Form 214 does not show any additional awards.

6.  The applicant provided a copy of Headquarters, 1st Infantry Division Special Orders Number 15, dated 15 January 1967, which awarded him the Combat Infantryman Badge.

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

8.  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.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the two bronze service stars to which he is entitled for his campaign participation.

10.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 21, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 53 dated 1970, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows that the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show this award.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 23 May 1966 to 22 May 1968 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.
3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in two campaigns and he is therefore, entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 May 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 21 May 1971.  The applicant did not file within the 3-year statute of limitations; however, based on the available (evidence or argument), it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__KLW__  ___LD__  __E.F.___   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 showing that he was awarded the Combat Infantryman Badge; the Good Conduct Medal for the period 23 May 1966 to 22 May 1968; the Vietnam Service Medal, with two bronze service stars; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.



______Kenneth Wright____
          CHAIRPERSON
INDEX

CASE ID
AR20060013812
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070410
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19680522
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.