RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070013431 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Sherri V. Ward

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Army Good Conduct Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar. 

2.  The applicant states that his DD Form 214 does not show the requested awards.

3.  The applicant provides copies of his DD Form 214, Enlisted Qualification Record (DA Form 20), award orders for three Bronze Star Medals, extracts from Army Regulation 600-8-22 (Military Awards), and extracts of information from the internet.

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.  On 12 February 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B4O (Light Weapons Infantryman).

3.  Special orders Number 62, 3rd Basic Training Brigade, Fort Ord, California, dated 26 March 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar [M14].

4.  Special orders Number 100, 2nd Advanced Infantry Training Brigade, Fort Ord, California, dated 16 May 1969, awarded the applicant the Marksman  Marksmanship Qualification Badge with Rifle Bar [M16].
5.  On 19 July 1969, the applicant was assigned as an assistant machine gunner with the 2nd Battalion, 14th Infantry Regiment, in the Republic of Vietnam.  He was subsequently assigned as a squad leader in this same unit.

6.  General Orders Number 13490, 25th Infantry Division, dated 29 October 1969, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force.  The citation reads, in part, "With complete disregard for his own safety, [the applicant] fearlessly exposed himself to the hail of fire as he moved about the enemy kill zone distributing the vital ordnance to his comrades."

7.  General Orders Number 14378, 25th Infantry Division, dated 20 November 1969, awarded the applicant the Bronze Star Medal with "V" Device, 1st Oak Leaf Cluster, for heroism in connection with military operations against a hostile force. The citation reads, in part, "[The applicant] detonated his claymore mines and set up a devastating line of fire on the insurgent’s positions with his M-60 machine gun.  With complete disregard for his own safety, he exposed himself to the deadly barrage of fire in order to maneuver into a more strategic position and maintain his deadly line of fire until the hostiles were forced to retreat.”

8.  General Orders Number 240, 25th Infantry Division, dated 9 January 1970, awarded the applicant the Bronze Star Medal with "V" Device, 3rd Oak Leaf Cluster, for heroism in connection with military operations against a hostile force. The citation reads, in part, "[The applicant] with complete disregard for his own safety, exposed himself to the hail of fire as he maneuvered to a forward position and began to place accurate machine gun fire on the advancing aggressors."

9.  On 8 July 1970, the applicant returned to the United States for duty at Fort Carson, Colorado.

10.  On 11 February 1971, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 2 years of creditable active duty.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Air Medal (two awards), Bronze Star Medal with "V" and four Oak Leaf Clusters, Army Commendation Medal, Vietnam Service Medal with three bronze service stars, and the Vietnam Campaign Medal with "1960-" Device.  It does not show award of the Army Good Conduct Medal, Combat Infantryman Badge, marksmanship qualification badges, or any foreign awards.  
12.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Combat Infantryman Badge.

13. Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

14.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  
 
15.  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.

16.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
17.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII.   This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 51, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

2.  The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  Furthermore, it shows that he engaged in active ground combat on more than one occasion and received Bronze Star Medals for valor as recognition of his heroic actions.  Therefore, his request for award of the Combat Infantryman Badge should be granted. 

3.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

4.  The applicant's unit was cited in general orders for 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.  Therefore, his records should be corrected to show these foreign unit awards. 

5.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show these awards.

BOARD VOTE:

__ MKP__  __SVW__  _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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Army Good Conduct Medal for the period from 
12 February 1969 to 11 February 1971;

b.  awarding him the Combat Infantryman Badge effective 29 October 1969; and

c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, Combat Infantryman Badge, one [additional] bronze service star to be affixed to his already awarded Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.






___ Margaret K. Patterson ___
          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.