RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 November 2007
	DOCKET NUMBER:  AR20070009362 


	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. William Powers

Chairperson

Mr. Gerald Purcell

Member

Mr. John Heck

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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 15 July 1969, be corrected to show award of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM). 

2.  The applicant states that these two medals are not properly listed on his separation document. 

3.  The applicant provides his DD Form 214 and the following documents in support of his application.

	a.  Special Orders Number 220, published by the U. S. Army Infantry Training Center, Fort Benning, dated 16 September 1966, which shows the applicant was awarded the Sharpshooter Marksmanship Badge with Rifle Bar.

	b.  General Orders Number 52, published by 93rd Evacuation Hospital, dated 21 February 1968 which shows he was awarded the Purple Heart on 20 February 1968.

	c.  General Order Number 9873, published by Headquarters, 1st Infantry Division, dated 14 September 1969 which shows he was awarded the BSM for meritorious service in the Republic of Vietnam during the period September 1967 to August 1968.

	d.  Special Orders Number 194, published by Headquarters, 1st Infantry Division, dated 12 July 1968 which shows he was reassigned from the 35th Infantry Platoon, Republic of Vietnam, to the 3rd Battalion, 508th Infantry stationed in Europe (APO NY 09832) with an availability date to travel of 8 October 1968.

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 enlisted in the Regular Army on 5 August 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  Records show he also completed training as a Scout Dog Handler at Fort Benning and was further awarded MOS 11F (Infantry Operations and Intelligence Specialist).  The highest grade the applicant attained while serving on active duty was sergeant/pay grade E-5.  He was honorably discharged from active duty on 15 July 1969 and transferred to the U. S. Army Reserve Control Group (Reinforcement).

3.  The applicant's records show that he served in the Republic of Vietnam from on or about 28 August 1967 to an undetermined date in September 1968 and that he was assigned to the 35th Infantry Platoon (Scout Dog).  Specific arrival and departure dates from the Republic of Vietnam are not available.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 does not show award of the CIB or the BSM.  This DD Form 214 does show award of the Purple Heart.

5.  The applicant's DA Form 20 (Enlisted Personnel Qualification Record) is not available to the Board for its review.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the CIB.  General Order Number 9873 awarded him the BSM on 14 September 1969.

7.  The applicant's record contains Special Orders Number 138, dated 23 June 1967 published by Headquarters, 197th Infantry Brigade, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar.  

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
9.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

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 35th Infantry Platoon (Scout Dog), he is entitled to award of the following unit awards:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 15 October 1968 based on Department of the Army General Orders (DAGO) Number 21, dated 1969; and

			b.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period June 1966 to 7 April 1970, based on DAGO Number 53, dated 1970. 

11.  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.

12.  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 Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968), Tet Counteroffensive (30 January 1968 - 1 April 1968), Vietnamese Counteroffensive Phase IV (2 April 1968 - 30 June 1968), and the Vietnamese Counteroffensive Phase V (1 July 1968 - 1 November 1968) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  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" by his company commander on 3 July 1969 based on the applicant's request for early release from active service.

14.  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 was awarded the BSM by General Order Number 9873, published by Headquarters, 1st Infantry Division, dated 14 September 1969.  Therefore, he is entitled to have his record corrected to show award of the BSM.

2.  The applicant was awarded the MOS 11B initially upon completion of his advanced individual training and then later he was awarded MOS 11F.  In the Republic of Vietnam, he was assigned to the 35th Infantry Platoon (Scout Dog) which was a dog-handling infantry unit with the responsibility of providing perimeter defense among its various missions.  The applicant was awarded the Purple Heart for injuries he incurred while in an armed conflict against a hostile force.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge as he meets all three requirements, which are an infantry MOS, assigned to an infantry unit smaller than a brigade, and engaged in active ground combat with enemy forces. 

3.  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 5 August 1966 to 15 July 1969 ending with termination of a period of Federal military service. 

4.  Based on the applicant's service with the 35th Infantry Platoon (Scout Dog), he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his previously awarded Vietnam Service Medal.  

BOARD VOTE:

___WP__  ___GP __  ___JH __  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Bronze Star Medal, Army Good Conduct Medal for the period of service from 5 August 1966 to 15 July 1969, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and four bronze service stars to be affixed to his previously awarded Vietnam Service Medal. 




_____ William Powers_________
          CHAIRPERSON




INDEX

CASE ID
AR20070009362
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071127
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.

3.

4.

5.

6.