RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070013860 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea M. Nuppenau

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 records be corrected to show the awards of the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and all decorations awarded to his unit while in the Republic of Vietnam.

2.  The applicant states, in effect, he did not receive any of the awards upon leaving the Vietnam War and the Army.  He served as an "11B" in the Republic of Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter from the National Personnel Records Center, DA Form 20 (Enlisted Qualification Record), and a Citation for the Army Commendation Medal.

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 requests his record be corrected to show award of the Republic of Vietnam Campaign Medal.  His DD Form 214 for the period ending
2 September 1971 already shows he was awarded the Republic of Vietnam Campaign Medal.  There is no action required on this issue and, as a result, this issue will not be discussed further in this Record of Proceedings.

3.  The applicant's military personnel record shows he was inducted into the Army of the United States on 29 January 1970.  He completed the necessary training and was awarded the military occupational specialty (MOS) 11H (Infantry Indirect Fire Crewman).  

4.  He served as an 11B (Rifleman) with Company A, 1st Battalion, 12th Infantry, 4th Infantry Division and as a 64A (Light Wheel Vehicle Driver) Headquarters, United States Army Vietnam, Special Troops in the Republic of Vietnam during the period 7 August 1970 to 29 August 1971.

5.  He was honorably released from active duty under the provisions of the Early Separation of Overseas Returnee program and transferred to U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 2 September 1971.  He completed 1 year, 7 months, and 4 days of active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Army Commendation Medal.  However, it does not show the awards of the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, or the Combat Infantryman Badge.

7.  Army Regulation 672-5-1, in effect at the time when the applicant was separated, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.

8.  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 document shows that all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

9.  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 
(formerly known as the Total Army Personnel 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.

10.  The applicant's record shows that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

11.  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 and received campaign credit for the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) and the Consolidation I (1 July 1971 to 30 November 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  A review of the applicant's record shows entitlement to additional awards and decorations not shown in Item 24 on his DD Form 214.

13.  Headquarters, U.S. Army Vietnam, General Orders Number 2411 dated  
11 August 1971 shows the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster).

14.  Headquarters, U.S. Army Training Center and Fort Campbell, Special Orders Number 77 dated 19 March 1970 shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

15.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 148 dated 1 June 1970 shows the applicant was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, and all decorations awarded to his unit while in the Republic of Vietnam.

2.  Records show he is authorized the Army Good Conduct Medal (first award) for the period 29 January 1970 to 2 September 1971 for completion of a period of qualifying service less than three years, but more than one year, ending with the termination of a period of Federal military service.  His records do not contain any 
adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore, he is entitled to correction of his records to show this award.

3.  Evidence shows the applicant is authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

4.  Orders show the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster).  Therefore, he is entitled to correction of his records to show this award.

5.  Evidence shows the applicant was assigned to a unit in the Republic of Vietnam that participated in two campaigns.  Therefore, he is entitled to correction of his records to show two bronze service stars to be affixed to his Vietnam Service Medal.

6.  Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is entitled to correction of his records to show these awards.

7.  The applicant's military personnel record shows that he was assigned duties as an 11B Rifleman while he was assigned to Company A, 1st Battalion, 12th Infantry, 4th Infantry Division in the Republic of Vietnam.  However, there is no evidence that he engaged in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Therefore, he is not entitled to correction of his records to show the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__RMN__  __GTP__  __RTD___  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 showing the awards of the Army Good Conduct Medal (first award) for the period 29 January 1970 to 2 September 1971, Army Commendation Medal (First Oak Leaf Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Pistol Bar, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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.




____Richard T. Dunbar____
          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.