RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20070015403 


	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.


 

Director

 

Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 his award of the Combat Infantryman Badge and a second Bronze Star Medal.

2.  The applicant states he received a Bronze Star Medal with "V" Device on 12 March 1969 and a Bronze Star Medal for meritorious service for the period of November 1968 through November 1969.  He was also awarded the Combat Infantryman Badge but it is not recorded on his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides copies of Headquarters, 25th Infantry Division, General Orders Number 6236, for award of the Bronze Star Medal with "V" Device; citations for award of the Bronze Star Medal with first Oak Leaf Cluster and the Air Medal; and a letter from TACOM, ILSC [Integrated Logistics Support Center], indicating shipment of a “Combat Infantryman Badge and Bronze Star Attachment (Double).”

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 and entered active duty on 19 June 1968, completed training, and was awarded the military occupational specialty (MOS) 11B (Infantryman).

3.  Headquarters, Army Training Center, Fort Polk, Special Orders Number 242, dated 25 September 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  Headquarters, Army Training Center, Fort Polk, Special Orders Number 244, dated 27 September 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

5.  He served in Vietnam from 19 November 1968 through 20 January 1970, with Company A, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division.

6.  Headquarters, 25th Infantry Division, Special Orders Number 13, dated 13 January 1969, awarded the applicant the Combat Infantryman Badge.

7.  Headquarters, 25th Infantry Division, General Orders Number 6236, dated 30 April 1969, awarded the applicant the Bronze Star Medal with "V" Device for heroism on 12 March 1969.

8.  Headquarters, 25th Infantry Division, General Orders Number 11544, dated 13 September 1969, awarded the applicant the Air Medal.
 
9.  Headquarters, 25th Infantry Division, General Orders Number 11015, dated 29 August 1969, awarded the applicant the Bronze Star Medal with first Oak Leaf Cluster 

10.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  the applicant was advanced to sergeant (E-5);

	b.  he served during two campaign periods;

	c.  he was awarded the Bronze Star Medal with "V" Device and one Oak Leaf Cluster, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and 

	d.  his conduct and efficiency ratings are reported as exclusively excellent.

11.  The applicant was honorably released from active duty on 21 January 1970. His DD Form 214 lists his awards as the Bronze Star Medal, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to 
Company A, 1st Battalion, 27th Infantry Regiment it was cited 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.

13.  Army Regulation 600-8-22 (Military Awards) sets forth the following:

	a.  the 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.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20; and 

	b.   a bronze service star is authorized, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following four campaign periods:  the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; the Tet 69 Counteroffensive, 1969, 23 February 1969 – 8 June 1969; the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969; and the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 19 June 1968 through 21 January 1970.

2.  The applicant's DD Form 214 omits his authorized award of the "V" Device and one Oak Leaf Cluster on his Bronze Star Medal, the Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

3.  The applicant served during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.

4.  Additionally the applicant is authorized 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.  Therefore, it is appropriate to correct the record to list the applicant's authorized awards as the Bronze Star Medal with "V" Device and one Oak Leaf Cluster, the Air Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

___X ___  ___X____  ___X____  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 the applicant the Good Conduct Medal for his period of service from 19 June 1968 through 21 January 1970; and 

	b.  showing his authorized awards as the Bronze Star Medal with "V" Device and one Oak Leaf Cluster, the Air Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.




      	__________X___________
                		CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070015403



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508