RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060016162 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Kenneth Wright

Chairperson

Mr. Patrick McGann

Member

Ms. Karmin Jenkins

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 correction of his military records to show award of the Air Medal and the Combat Infantryman Badge.

2.  The applicant states that his DD Form 214 (Report of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record) are missing these awards.  He contends that he served as a light weapons infantryman for 1st Battalion, 12th Infantry of the 4th Infantry Division as a squad leader in combat. 

3.  The applicant provides a citation for the Air Medal; his DA Form 20; and a copy of his DD Form 214.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
30 April 1970.  The application submitted in this case is dated 7 November 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 requested correction of his records to show award of the Air Medal.  There are no orders or other evidence authorizing this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Air Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings.

4.  The applicant was inducted on 10 June 1968.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 23 May 1969.  He served in MOS 11B assigned to Company C, 
1st Battalion, 12th Infantry of the 4th Infantry Division in Vietnam from 4 June 1969 through 1 October 1969.  He was assigned to Headquarters and Headquarters Company, 2nd Brigade, 4th Infantry Division in Vietnam from 
2 October 1969 through 30 April 1970.  On 30 April 1970, the applicant was released from active duty in the rank of sergeant after completing 1 year, 
10 months, and 21 days of creditable active service with no time lost.  

5.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, two awards of the Overseas Service Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

6.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  He received conduct and efficiency ratings of “excellent” throughout his service.

8.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

9.  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 the applicant's unit (1st Battalion, 12th Infantry) is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

10.  Army Regulation 600-8-22 (Military Awards) 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 of the U.S. Army 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.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Although the evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam, there are no orders for the Combat Infantryman Badge in his records.  In addition, there is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  The applicant was separated in the rank of sergeant with almost 23 months of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 10 June 1968 through 30 April 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

3.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.

4.  The applicant's unit (1st Battalion, 12th Infantry) was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

5.  Records show the applicant should have discovered the alleged error now under consideration on 30 April 1970; therefore, the time for the applicant to file a request for correction of any error expired on 29 April 1973.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

KW_____  __PM____  _KJ_____  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 him the first award of the Good Conduct Medal for the period 10 June 1968 through 30 April 1970; and 

	b.  amending his DD Form 214 to add the Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to his already-awarded 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.  



__Kenneth Wright______
          CHAIRPERSON




INDEX

CASE ID
AR20060016162
SUFFIX

RECON

DATE BOARDED
20070510
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.
107.0000
3.

4.

5.

6.