RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070014240 


	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 Combat Infantryman Badge.

2.  The applicant states, in effect, that he served in combat as an infantryman. 

3.  The applicant provides no supporting documentation.

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 4 December 1967, the applicant enlisted in the regular Army for 2 years.  He completed his initial training and was awarded military occupational specialty 11B1O (Light Weapons Infantryman).           

3.  On 4 June 1968, the applicant was assigned for duty with the 3rd Battalion, 506th Infantry Regiment, 101st Airborne Division.

4.  General Orders Number 618, 101st Airborne Division, dated 18 January 1969, awarded the applicant the Army Commendation Medal for meritorious achievement during the period from 1 July to 30 November 1968.

5.  Special Orders Number 73, 101st Airborne Division, dated 14 March 1969, awarded the applicant the Combat Infantryman Badge.

6.  On 8 July 1969, the applicant was returned to the United States.   He was subsequently released from active duty on 14 July 1969.  He had attained the rank of private first class, pay grade E-3 and had completed 1 year, 7 months, and 11 days of creditable active duty.
7.  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, Bronze Star Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  It does not show award of the Combat Infantryman Badge. 

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  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 available record does 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. 

10.  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.  

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods: the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive,  Phase VI; the Tet Counteroffensive, 1969; and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

12.  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 3rd Battalion, 506th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated 1970, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and was cited in DAGO Number 48, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  
DISCUSSION AND CONCLUSIONS:

1.  General orders show that the applicant was awarded the Army Commendation Medal.  Therefore, his records should be corrected to show this award.

2.  Special orders show that the applicant was awarded the Combat Infantryman Badge.  Therefore, his record should be corrected to show this award.

3. The applicant’s record clearly shows 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.

4.  Record shows that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his Vietnam Service Medal.

5.  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.

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
4 December 1967 to 14 July 1969; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Commendation Medal, Army Good Conduct Medal, a silver service star to be affixed to his already-awarded Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




	__    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.