RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24  May 2007
	DOCKET NUMBER:  AR20060015133 


	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 he served in combat for a year, was nearly killed or wounded several times, and saw several of his friends wounded.  He knows that many Soldiers from his unit were overlooked for awards and believes he meets the criteria for award of the Combat Infantryman Badge.

3.  The applicant provides copies of page 3 of the DA Form 20 (Enlisted Qualification Record), 24 February 1969 Special Orders Number 38, and a 29 October 1969 unit roster. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 9 January 1972, the date of his release from active duty.  The application submitted in this case is dated 16 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 24 February 1969, completed training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The DA Form 20 shows the applicant:

a.  served in Vietnam from 9 August 1969 through 8 August 1970;

b.  participated during three campaign periods;

c.  served with Company E, 1st Battalion, 6th Infantry Regiment as a rifleman from 30 August 1969 through 30 January 1970, and as a radar operator from 31 January 1970 through 4 August 1970;
d.  was rated as excellent in both his conduct and efficiency; 

e.  was authorized the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal; and
f.  qualified as a second class machine gunner, a sharpshooter with the 
M-16 rifle, and a marksman with the M-14 rifle. 

5.  The DD Form 214 shows the applicant was honorably released from active duty as a specialist four (E-4) on 9 January 1972.  It lists his awards as the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and marksmanship qualification as a second-class machine gunner, a sharpshooter with the M-16 rifle, and as a marksman with the M-14 rifle.

6.  Department of the Army General Orders Number 8, dated 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. 

7.  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.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a “Good” academic mark in a service school was not 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.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry 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, 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.

9.  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 five campaign periods:  the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969; the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive 1 May 1970 - 30 June 1970; the Counteroffensive Phase VII, 1 July 1970 – 30 June 1971; and the Consolidation I, 1 July 1971 – 30 November 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings, his personal decoration, and his promotion to E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 24 February 1969 through 9 January 1972.

2.  The applicant served during five campaign periods and is authorized to wear one silver service star on his Vietnam Campaign Medal, notwithstanding that the DA Form 20 shows he is authorized only three bronze service stars.

3.  While the record does not specifically state that the applicant served in active ground combat, the fact that he was assigned as an infantryman in an infantry specialty in Vietnam during five campaign periods and was awarded the Bronze Star Medal indicates a strong probability of full entitlement to award of the Combat Infantryman Badge.  Therefore, it is appropriate to presume the applicant did meet the final requirement of having engaged in active combat and award him the Combat Infantryman Badge.

4.  In addition to the awards listed on his DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 January 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 8 January 1975.  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:

__RJW __  __DWT__  __JCR__  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 Department of the Army records of the individual concerned be corrected by: 

a.  awarding him the Good Conduct Medal for his period of service from 24 February 1969 through 9 January 1972 and the Combat Infantryman Badge; and 

b.  showing that, in addition to the awards listed on his DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear one silver service star on his Vietnam Campaign Medal.



_     Jeffrey C. Redmann________
          CHAIRPERSON


INDEX

CASE ID
AR20060015133
SUFFIX

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

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.