RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070008843 


	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

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. John Meixell

Member

Mr. David 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 his proper rank, military occupational specialty, and all awards and decorations for his service in the Republic of Vietnam be entered on his DD Form 214.

2.  The applicant states, in effect, that he was discharged as an E-5 and was assigned to a combat unit.  Therefore, he should be awarded the Combat Infantryman Badge and the Bronze Star Medal.

3.  The applicant did not provide separate supporting documents with his application. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military personnel records do not contain General Orders or other evidence that he was awarded the Bronze Star Medal.  In the absence of evidence supporting his award of the Bronze Star Medal, the applicant has an administrative remedy available to obtain this award 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 Bronze Star Medal under this provision of law.  As a result, award of the Bronze Star Medal requested by the applicant is not discussed further in these Proceedings.

3.  The applicant's military records show he was inducted on 10 November 1966. He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 76A (Armorer).  On 


31 October 1967, Special Orders Number 304, published by Headquarters,
US Army Training Center at Fort Leonard Wood, Missouri, withdrew (MOS) 76A and awarded the applicant MOS 76Y (Supply Specialist). 

4.  The applicant was assigned to Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, during the period from 19 February 1968 to 21 June 1968 in the Republic of Vietnam.

5.  The applicant was promoted temporarily to sergeant/pay grade E-5, effective 21 June 1968, per Special Orders Number 173, published by Headquarters, 199th Infantry Brigade.

6.  On 27 October 1968, the applicant was released from active duty and transferred to the US Army Reserve Control Group.  He had completed 1 year, 11 months, and 18 days of active service that was characterized as honorable.  

7.  Item 5a (Grade, Rate or Rank) of the applicant's DD Form 214 shows the entry SGT (T) and in 5b (Pay Grade) E-5.

8.  Item 23a (Specialty Number & Title) of the applicant's DD Form 214 shows the entry 76Y4O, Supply Specialist.

9.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, which he authenticated in his own hand, does not show award of the Combat Infantryman Badge, and shows award of the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that during the time of the applicant’s assignment to Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, the unit received the following unit awards:

	a.  The Presidential Unit Citation (Army) for the period from 5 to 10 May 1968, based on Department of the Army General Order (DAGO) Number 60, dated 1969.

	b.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 5 February to 19 February 1968, based on DAGO Number 43, dated 1970.

	c.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 12 December 1966 to 31 August 1970, based DAGO Number 51, dated 1971. 

11.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the TET Counteroffensive, 1968 (30 January 1968 to 1 April 1968) and the Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968) campaigns. 

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 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, 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.  The applicant's record shows that he is entitled to an additional award, which he did not request and is not listed on his DD Form 214.

14.  The applicant's military service records do not contain orders for the award of the Army Good Conduct Medal.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

15.  Army Regulation 600-8-22 states, in pertinent part, that the Army 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.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service 
ends with the termination of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his rank and MOS are incorrect on his 
DD Form 214 issued on 27 October 1968.  The applicant's DD Form 214, which he authenticated in his own handwriting, shows his correct rank, pay grade and MOS at the time of his separation from active federal service.  The applicant's rank was sergeant (temporary) per Special Orders Number 173.  His MOS was 76Y per Special Orders Number 304.  Based on a review of the applicant's military personnel record there is no correction required.

2.  Based on the applicant's service with Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, he is authorized the Presidential Unit Citation (Army), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant's military personnel records show he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his Vietnam Service Medal.  

4.  Based on the applicant's commander's determination that the applicant was fully qualified for reenlistment and the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 10 November 1966 to 27 October 1968 ending with termination of a period of Federal military service.

5.  The applicant contends that he is entitled to award of the Combat Infantryman Badge based on his service in an infantry brigade during his combat service in the Republic of Vietnam.  The applicant's records show he was awarded MOS 76Y which is not an infantry MOS; therefore, the applicant is not entitled to award of the Combat Infantryman Badge per AR 600-8-22.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JS____  ___JM __  __DT ___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214 to show the applicant was awarded the Army Good Conduct Medal for the period of service from 10 November 1966 to 27 October 1968, the Presidential Unit Citation (Army), two bronze service stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 the Combat Infantryman Badge.




______  John Slone_________
          CHAIRPERSON




INDEX

CASE ID
AR20070008843
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070008843
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0033
2.
107.0088
3.
107.0094
4.
107.0095
5.

6.