RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 March 2008
	DOCKET NUMBER:  AR20070014504 


	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. Frank C. Jones, II

Chairperson

Ms. Carmen Duncan

Member

Mr. Scott W. Faught

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 award of the Combat Infantryman Badge (CIB).  He further requests that his record be reviewed for award of the Army Commendation Medal (ARCOM) with "V" Device and the Air Medal. 

2.  The applicant states, in effect, that the CIB was not awarded and that he had many combat missions with his unit while serving in the Republic of Vietnam (RVN).

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 14 December 1969. 

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 was inducted into the Army of the United States on 12 January 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  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 14 December 1969 and transferred to the U. S. Army Reserve Control Group (Annual Training).

3.  The applicant's records show that he served in the Republic of Vietnam from 15 December 1968 to 11 December 1969 and that he was assigned to Company B, 2nd Battalion, 12th Cavalry, 1st Cavalry Division.

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 ARCOM with "V" Device.  This DD Form 214 does show award of the Bronze Star Medal, ARCOM, Air Medal, National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Personnel Qualification Record) shows that he was awarded the CIB by Special Order 44, published by Headquarters, 1st Cavalry Division.  A copy of this specific order is not in the applicant’s military personnel service record. 

6.  The applicant's record contains the following award orders:

     a.  General Orders Number 13376, dated 28 October 1969, published by Headquarters, 1st Cavalry Division (Airmobile), awarded him the ARCOM for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period December 1968 to December 1969;

     b.  General Orders Number 16020, dated 15 December 1969, published by Headquarters, 1st Cavalry Division (Airmobile), awarded him the ARCOM for Heroism for the period December 1968 to September 1968 in the Republic of Vietnam Theater of Operations for pursuing the enemy with aggressive military tactics, neutralizing, and defeating him whenever contact could be made.   The citation states in pertinent part, "His heroic and valiant actions were often characterized by unselfishly exposing himself to hostile fire under the adverse conditions inherent in a combat environment"; 

     c.  General Orders Number 5656, dated 10 May 1969, published by Headquarters, 1st Calvary Division (Airmobile), awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from December 1968 to May 1969;  

     d.  Special Orders Number 050, dated 27 February 1968, published by Headquarters, U. S. Army Training Center, Infantry and Fort Polk, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar;  

     e.  Special Orders Number 122, dated 13 May 1968, published by Headquarters, U. S. Army Training Center, Infantry and Fort Polk, awarded him the Marksmen Marksmanship Qualification Badge with Automatic Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers, warrant officers and enlisted Soldiers who have an infantry military occupational specialty (MOS). The three requirements for award of the CIB are the Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army Soldier must have satisfactorily performed infantry duties while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry unit, while the unit is actively engaged in ground combat with the enemy.

8.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  
Although more than one award of the Army Commendation Medal or the Air Medal or the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one “V” device may be worn on awards of the Army Commendation Medal, or the Air Medal or the Bronze Star Medal for heroism.

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 Company B, 2nd Battalion, 12th Cavalry, 1st Cavalry Division, he is entitled to award of the following unit awards:

	a.  Valorous Unit Award for the period 7 March 1969 to 11 March 1969
based on Department of the Army General Orders (DAGO) Number 5, dated 1973;

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 9 May 1969 based on DAGO Number 59, dated 1969; and

			c.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970, based on DAGO Number 42, dated 1972. 

11.  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 VI (2 November 1968 to 22 February 1969); the Tet 69/Counteroffensive (23 February 1969 to 8 June 1969); the Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969); and the Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970 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.

12.  The applicant's military service records do not contain orders for 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 the records show he received "excellent" conduct and efficiency ratings by his company commanders.
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 ARCOM with "V" Device by General Order Number 16020, published by Headquarters, 1st Cavalry Division, dated 15 December 1969.  Therefore, he is entitled to have his record corrected to show award of the ARCOM with "V" Device.

2.  The applicant is entitled to award of the CIB based on his record, which shows that permanent orders were published awarding him the CIB.

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 12 January 1968 to 14 December 1969 ending with termination of a period of Federal military service. 

4.  Based on the applicant's service with the 2nd Battalion, 12th Calvary he is entitled to award of the Valorous Unit Award, 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.  

6.  Based on the evidence of record, the applicant is entitled to have his records corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and the Marksmen Marksmanship Qualification Badge with Automatic Rifle Bar.   

7.  General Orders show that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam and that this award is shown on his records.  Therefore, there is no further action required.

BOARD VOTE:

_ _FCJ__  __CD ___  __SWF  _  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 amending his DD Form 214 with a separation date of 14 December 1969 to show the following awards:

     a.  Army Commendation Medal with Oak Leaf Cluster and "V" Device;

     b.  Army Good Conduct Medal for the period of service from 12 January 1968 to 14 December 1969;

     c.  Combat Infantryman Badge;

     d.  Valorous Unit Award;

     e.  Republic of Vietnam Gallantry Cross with Palm Unit Citation;

     f.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 

     g.  Expert Marksmanship Qualification Badge with Rifle Bar;

     h.  Sharpshooter Marksmanship Qualification Badge with Machinegun Bar;

     i.  Marksmen Marksmanship Qualification Badge with Automatic Rifle Bar; and 

     j.  Four bronze service stars to be affixed to his previously awarded Vietnam Service Medal. 




___Frank C. Jones  ___
      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.