RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20060017193 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson   

Chairperson

Mr. Ronald D. Gant

Member

Mr. Rowland C. Heflin

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 award of the Bronze Star Medal, Air Medal, Good Conduct Medal, and the Combat Infantryman Badge.

2.  The applicant states that because he was wounded in action on 9 July 1970, his records were not updated.  The applicant continues that the awards were not important to him until he was diagnosed with Post Traumatic Stress Disorder and separated from his wife.

3.  The applicant provides a list of awards that his brother received posthumously and letter of support from a fellow Soldier in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 27 November 1970, the date of his discharge.  The application submitted in this case was received on 14 December 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 Bronze Star Medal and the Air Medal.  There are no orders or other evidence that the applicant was authorized these awards.  In the absence of authority for this award, the applicant may request award of the Bronze Star Medal and 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 these awards under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

4.  Records show that the applicant was inducted into the Army of the United States on 16 July 1969.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Rifleman).  Records show that he served with Company C, 3rd Infantry of the 4th Infantry Division in the Republic of Vietnam during the period 5 January 1970 through 15 July 1970.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Army Good Conduct Medal or the Combat Infantryman Badge.  Item 24 does show that he was awarded the Purple Heart for gunshot wounds sustained to his left wrist while engaged in ground combat on 9 July 1970.

6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Army Good Conduct Medal or the Combat Infantryman Badge.  Item 38 (Record of Assignments) of this form shows that the applicant's received ratings of "Excellent" throughout his military service.

7.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

8.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

9.  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 military occupational specialty (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 (formerly known as the Total Army Personnel 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.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.
11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

12.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Winter-Spring, DA Sanctuary Counteroffensive and the Vietnam Counteroffensive Phase VII during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Good Conduct Medal and the Combat Infantryman Badge.

2.  Evidence shows the applicant was awarded and served in an infantry MOS while assigned to an infantry unit of brigade, regimental or smaller size.  He was also awarded the Purple Heart for wounds received in action while assigned to this unit.  Therefore, there is sufficient evidence showing that the applicant met the criteria for award of the Combat Infantryman Badge in this case.

3.  Evidence of record confirms that the applicant served honorably during the period 16 July 1969 through 27 November 1970.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

4. Orders show the applicant was awarded the Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his record to show this award.

5.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.
6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 November 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 26 November 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:

_LMD__ _  _EEM___  _RNN__  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 award of the Good Conduct Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




_LaVerne M. Douglas_
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.