RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 November 2007
	DOCKET NUMBER:  AR20070008975 


	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. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Carmen Duncan

Member

Mr. Qawiy A. Sabree

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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 June 1972 be corrected to add the Meritorious Unit Commendation, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross, and five bronze service stars to be worn on his Vietnam Service Medal.

2.  The applicant states that he served three tours in Vietnam.  He should have received the Combat Infantryman Badge for being assigned to the 1st Cavalry Division (Airmobile).  He should have received the Republic of Vietnam Gallantry Cross for being assigned to the 82d Airborne Division.

3.  The applicant stated he provided his records, Meritorious Unit Commendation order number 2042, a “CIB,” and a certificate of achievement; however, no documents were attached to 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.  After having had prior service, the applicant enlisted in the Regular Army on    3 May 1954.  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was awarded military occupational specialty (MOS) 12C (Bridge Specialist) on         19 March 1956.  A few years later, he was awarded MOS 12B (Combat Engineer).

4.  The applicant was assigned to Korea from on or about 15 December 1957 to on or about 31 May 1958.

5.  The applicant’s DA Form 20 shows that, after receiving conduct and efficiency ratings of “poor” on 10 July 1958, his conduct and efficiency were rated as “excellent” thereafter until his retirement.

6.  12th Engineer Battalion General Order Number 20, dated 31 December 1962, awarded the applicant the first award of the Army Good Conduct Medal for the period 3 December 1959 to (sic) 2 December 1962.  

7.  The applicant arrived in Vietnam and was assigned to Company A, 8th Engineer Battalion, 1st Cavalry Division (Airmobile) on 16 September 1965.  He departed Vietnam on or about 24 June 1966 after being credited with participation in two campaigns.

8.  The applicant arrived in Vietnam and was assigned to Company C, 307th Engineer Battalion, 82d Airborne Division on 14 February 1968.  He departed Vietnam on or about 7 May 1968 after being credited with participation in two campaigns.  

9.  Headquarters, 82d Airborne Division General Orders Number 195, dated     10 July 1968, awarded the applicant the second award of the Army Good Conduct Medal for the period 3 December 1962 to (sic) 2 December 1965.  He received one Article 15 during this period, on 16 September 1963, for missing reveille.

10.  The applicant arrived in Vietnam and was assigned to Company A, 326th Engineer Battalion, 101st Airborne Division (Airmobile) on 20 April 1969.

11.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 12773, dated 7 October 1969, awarded the applicant the Army Commendation Medal.

12.  The applicant departed Vietnam on 25 March 1970 after being credited with participation in three campaigns.  

13.  The applicant retired on 1 July 1972.  His DD Form 214 for the period ending 30 June 1972 shows he was awarded the National Defense Service Medal (1st oak leaf cluster), two awards of the Army Good Conduct Medal, the Vietnam Service Medal, the Parachutist Badge and the Master Parachutist Badge,           6 overseas service bars, the German Occupation Medal (correctly known as the Army of Occupation Medal with Germany clasp), the Bronze Star Medal, the Air Medal, and the Republic of Vietnam Campaign Medal with device 1960.


14.  Army Regulation 600-8-22 (Military Awards) provides 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.

15.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  One silver service star is worn in lieu of five bronze service stars.  

16.  Army Regulation 600-8-22 provides for award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

17.  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 that, at the time of the applicant's assignment to the 8th Engineer Battalion, it was cited for award of the Presidential Unit Citation for the period 23 October through 26 November 1967 by Department of the Army General Orders (DAGO) Number 40, dated 1967.

18.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 8th Engineer Battalion, it was cited for award of the Meritorious Unit Commendation for the period October 1965 through August 1966 1968 by DAGO Number 17, dated 1968.

19.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 8th Engineer Battalion, it was cited for award of   the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period      9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969.

20.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to Company C, 307th Engineer Battalion, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March through 4 October 1968 by DAGO Number 48, dated 1971.

21.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 326th Engineer Battalion, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971.

22.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was an engineer, and he was assigned to engineer units during all three of his tours in Vietnam.  Since he was not an infantryman and was not assigned to an infantry unit of brigade, regimental, or smaller size, he did not meet the eligibility criteria for award of the Combat Infantryman Badge.  

2.  The applicant was credited with participation in seven campaigns during his three tours in Vietnam.  Therefore, he is eligible to wear one silver service star and two bronze service stars on his Vietnam Service Medal.  His DD Form      214 for the period ending 30 June 1972 should be amended to reflect this fact.

3.  The applicant was assigned to the 8th Engineer Battalion during a period of time it was cited for award of the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He was assigned to Company C, 307th Engineer Battalion during a period of time it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He was assigned to the 326th Engineer Battalion during a period of time it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 for the period ending 30 June 1972 should be amended to add these unit awards.

4.  The applicant was awarded the Army Commendation Medal.  This award should be added to his DD Form 214 for the period ending 30 June 1972.

5.  The applicant was assigned to Korea from December 1957 to May 1958.  Therefore, he is eligible for award of the Korea Defense Service Medal, and this award should be added to his DD Form 214 for the period ending 30 June 1972.

6.  The applicant was awarded two awards of the Army Good Conduct Medal for the periods 3 December 1959 through 2 December 1962 and 3 December 1962 through 2 December 1965.  However, it appears he met the eligibility criteria for additional awards of the Army Good Conduct Medal.

7.  The applicant’s DA Form 20 shows that the applicant’s eligibility for the Army Good Conduct Medal began on 11 July 1958, when he began to receive “excellent” conduct and efficiency ratings in an unbroken streak.  Except for one Article 15, which did not prevent his receiving the second award of the Army Good Conduct Medal, there is no evidence of record to show that he was ever disqualified for award of this medal.

8.  The applicant’s records should be corrected to show he was awarded the Army Good Conduct Medal as follows:

	11 July 1958 through 10 July 1961 First Award
	11 July 1961 through 10 July 1964 Second Award
	11 July 1964 through 10 July 1967 Third Award 
	11 July 1967 through 10 July 1970 Fourth Award

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__lds__  __cd____  __qas___  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:

     a.  revoking 12th Engineer Battalion General Order Number 20, dated          31 December 1962, as pertains to him and revoking Headquarters, 82d Airborne Division General Orders Number 195, dated 10 July 1968, as pertains to him;

     b.  awarding him the first award of the Army Good Conduct Medal for the period 11 July 1958 through 10 July 1961, the second award of the Army Good Conduct Medal for the period 11 July 1961 through 10 July 1964, the third award of the Army Good Conduct Medal for the period 11 July 1964 through 10 July 1967, and the fourth award of the Army Good Conduct Medal for the period      11 July 1967 through 10 July 1970;

     c.  deleting the Vietnam Service Medal and the “German Occupation Mdl” from his DD Form 214 for the period ending 30 June 1972; and

     d.  adding the Army Good Conduct Medal (Four Awards), the Vietnam Service Medal with one silver and two bronze service stars, the Army of Occupation Medal with Germany clasp, the Army Commendation Medal, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (Two Awards), and the Korea Defense Service Medal to his DD Form 214 for the period ending 30 June 1972.

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. 




__Linda D. Simmons__
          CHAIRPERSON




INDEX

CASE ID
AR20070008975
SUFFIX

RECON

DATE BOARDED
20071114
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0111
2.
110.04
3.

4.

5.

6.