RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 May 2007
	DOCKET NUMBER:  AR20060014843 


	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

Mr. G. E. Vandenberg

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Ronald J. Weaver

Member

Mr. David W. Tucker

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 his awards be updated to include award of the Combat Infantryman Badge.

2.  The applicant states that the Combat Infantryman Badge should be added to his DD Form 214 (Report of Transfer or Discharge) based on his service in Vietnam.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 11 September 1967, the date of his release from active duty.  The application submitted in this case is dated 12 October 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 records show the applicant entered active duty on 2 September 1965, completed training, and was awarded the military occupational specialty (MOS) 76A (Supply Clerk).  His MOS was subsequently changed to 76U (Signal Supply Specialist).

4.  The applicant served in Vietnam with the 125th Air Traffic Company from 19 July 1966 through 11 September 1967, and was honorably discharge on 11 September 1967 as a specialist four (E-4).

5.  The DA Form 20 (Enlisted Qualification Record) lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge.  It also reports his conduct and efficiency ratings as exclusively excellent. 

6.  The DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.
7.  Department of the Army General Orders 8 of 1974 awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28 March 1973. 

8.  Army Regulation 600-8-22, chapter 4 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.  A record of punishment is not automatically disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

9.  Army Regulation 600-8-22, paragraph 8-6 sets forth the Army policy and procedures for award of the Combat Infantryman Badge.  In effect, that paragraph states that there are three basic requirements for award of the Combat Infantryman Badge.  The enlisted Soldier must have an infantry specialty, he must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and he must be personally present and under hostile fire while serving in that unit.  The Awards Branch, Human Resources 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.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following two campaign periods:  the Counteroffensive Phase II, 1 July 1966 – 31 May 1967; and the Counteroffensive Phase III, 1 June 1967 - 29 January 1968.


DISCUSSION AND CONCLUSIONS:

1.  The record contains no derogatory documentation or indication that would disqualify the applicant from receipt of the Good Conduct Medal.  Therefore, based his conduct and efficiency ratings, service in Vietnam, and his promotion to E-4, it is appropriate to award the applicant the Good Conduct Medal for his period of service from 2 November 1965 through 11 September 1967.

2.  In addition to the awards listed on the DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge, and to wear two bronze service stars on his Vietnam Service Medal.

3.  The applicant has not demonstrated that he served in infantry specialty or satisfactorily performed infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Therefore, entitlement to award of the Combat Infantryman Badge is not warranted.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 September 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 10 September 1970.  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:

________  ________  ________  GRANT FULL RELIEF 

__RJW___  __DWT_  __DWT__  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:

a.  awarding the applicant the Good Conduct Medal for the period of service from 2 November 1965 through 11 September 1967; and 

b.  showing that, in addition to the awards listed on the DD Form 214, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge, and to wear two bronze service stars on his Vietnam Service Medal.

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.  





__   Jeffrey C. Redmann_____
          CHAIRPERSON


INDEX

CASE ID
AR20060014843
SUFFIX

RECON
 
DATE BOARDED
20070524 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
107
ISSUES         1.

2.

3.

4.

5.

6.