RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 July 2007
	DOCKET NUMBER:  AR20070004319 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Jeanette R. McCants

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

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 records to show award of the Combat Infantryman Badge (CIB), Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Air Medal, and the Republic of Vietnam Cross of Gallantry with Silver Stars [correctly known as the Republic of Vietnam Gallantry Cross with Palm Unit Citation].

2.  The applicant states that his military occupational specialty (MOS) 11B (Light Weapons Infantry) alone qualifies him for the requested awards.  He further states that he was awarded the Purple Heart and the Bronze Star Medals (plural) which should also qualify him for the above awards.

3.  The applicant provides a copy of the order, certificate, and citation awarding him the Purple Heart; a copy of order and certificate awarding him the Purple Heart (First Oak Leaf Cluster); a copy of order and certificate awarding him the Bronze Star Medal with "V" Device; a copy of order, certificate, and citation awarding him the Bronze Star Medal (First Oak Leaf Cluster) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 28 January 1971, the date of his discharge and transfer to the United States Army Reserve Control Group.  The application submitted in this case is dated 8 March 2007.

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 Board noted the applicant's request for the Air Medal.  However, the applicant has not exhausted the administrative remedy available to him under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence regarding submission of a recommendation for award of the Air Medal under the provisions of law.  As a result, the Air Medal requested by the applicant is not discussed further in these Proceedings. 
4.  The applicant's records show that the applicant was inducted into the Army of the United States on 29 January 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).  Records show that he served with Company C, 4th Battalion, 31st Infantry, 196th Infantry Brigade, in the Republic of Vietnam during the period 4 July 1969 through 2 July 1970.  The applicant was honorably discharged on 28 January 1971. 

5.  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 National Defense Service Medal, the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), the Vietnam Service Medal with 2 bronze service stars, the Purple Heart (1st Oak Leaf Cluster), and the Vietnam Campaign Medal with 60 Device.

6.  Item 24 of the applicant's DD Form 214 does not show award of the Combat Infantryman Badge (CIB), Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Grenade, the Vietnam Service Medal, the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), the Republic of Vietnam Campaign Medal with 60 Device, and the Purple Heart (1st Oak Leaf Cluster).

8.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 shows he was awarded MOS 11B and Item 38 (Record of Assignments) of his DA Form 20 shows he served in MOS 11B in July 1969 in the Republic of Vietnam.

9.  Headquarters American Division, General Orders Number 1152, dated 2 February 1970 show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 16 September 1969.

10.  Headquarters, American Division, General Orders Number 7355, dated 26 June 1970 show the applicant was awarded the Purple Heart (First Oak Leaf Cluster) for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 5 January 1970.

11.  Headquarters, American Division, General Orders Number 12909, dated 20 December 1969 show the applicant was awarded the Bronze Star Medal for heroism connected with ground operations against a hostile force in the Republic of Vietnam on 16 September 1969 while serving with 4th Battalion, 31st Infantry.

12.  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.

13.  Review of the applicant's records indicates entitlement to an additional award and decoration that are not shown on any of his DD Forms 214.

14.  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.

15.  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.

16.  Headquarters, United States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 097, dated 24 April 1969 show the applicant was awarded the Marksman Marksmanship Qualification Badge with the M-16 Automatic Rifle on 18 April 1969.

17.  Headquarters, United States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 103, dated 1 May 1969 show the applicant was awarded the Expert Marksmanship Qualification Badge with M-60 Machinegun on 25 April 1969.

18.  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 6, dated 1974.

19.  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.

20.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Summer-Fall 1979, Vietnam Winter-Spring 1979, DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII campaigns 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.

21.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Presidential Unit Citation based on Department of the Army General Orders Number 42, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge, the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  Records show that the applicant served in active ground combat as a Rifleman and Squad Leader in MOS 11B with the 4th Battalion, 31st Infantry in the Republic of Vietnam.  Therefore, the applicant meets the eligibility criteria for award of the Combat Infantryman Badge and correction of his record to show this badge.

3.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with the Machinegun Bar (M-60).  Therefore, he is entitled to correction of his record to show this award.

4.  Orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with the Auto Rifle Bar (M-16).  Therefore, he is entitled to correction of his record to show this award.

5.  Evidence of record confirms that the applicant served honorably during the period 29 January 1969 through 28 January 1971.  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.

6. 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.

7.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

8.  Records show that 4th Battalion, 31st Infantry was awarded the Presidential Unit Citation based on General Orders Number 42 dated 1971.  Therefore, he is entitled to correction of his record to show this award.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 January 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 January 1974.  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:

__jrm___  __tmr___  __jcr___  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 Combat Infantryman Badge (CIB), the Good Conduct Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge      (M-60), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




							Jeanette R. McCants
______________________
          CHAIRPERSON






INDEX

CASE ID
AR20070004319
SUFFIX

RECON

DATE BOARDED
20070731
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.