RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20070017539 


	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 the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that the administrative officer who prepared his separation paperwork apparently overlooked these two awards or did not have them in his records.

3.  The applicant provides his DD Form 214; CIB orders; and one page of a BSM order with the related award certificate, citation, and transmittal letters.

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 on 20 September 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 18 June 1968, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for failing to report to his appointed place of duty.  His punishment was a reduction to pay grade E-4 (suspended) and a forfeiture of $75.00 pay per month for one month.

4.  On 21 September 1968, the applicant arrived in Vietnam and was assigned to Company A, 3d Battalion, 8th Infantry, 4th Infantry Division.

5.  Headquarters, 4th Infantry Division Special Orders Number 315, dated          10 November 1968, awarded the applicant the CIB.  This award is also listed in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record).
6.  The applicant was reassigned to Security Guard Company, U. S. Army, Vietnam (USARV) on 25 February 1969.  He was reassigned to Headquarters and Headquarters Company, Special Troops, USARV on 18 June 1969.

7.  Headquarters, USARV General Orders Number 2922, dated 2 August 1969, awarded the applicant the BSM.  

8.  The applicant departed Vietnam on 23 August 1969 after being credited with participation in four campaigns.

9.  The applicant was honorably released from active duty on 26 August 1969, in the rank and grade of Staff Sergeant, E-6, after completing 1 year, 11 months, and 7 days of creditable active service with no lost time.  His DD Form             214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Purple Heart.

10.  The applicant’s DA Form 20 shows his conduct and efficiency ratings were rated as “excellent” throughout his service.

11.  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, at the time of the applicant's assignment to the 3d Battalion, 8th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through      28 July 1969 by Department of the Army General Order Number 3, dated 1970.

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 3d Battalion, 8th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by Department of the Army General Order Number 53, dated 1970.

13.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix   B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the CIB and the BSM.  These awards should be added to his DD Form 214.  

2.  The applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

3.  The applicant was credited with participating in four campaigns and is therefore eligible to wear four bronze service stars on his Vietnam Service Medal. His DD Form 214 should be amended to reflect this fact.

4.  The applicant attained the rank and grade of Staff Sergeant, E-6 and was honorably released from active duty after completing almost two years of creditable active service with no lost time.  Although he received an Article         15 early in his career, it was for a relatively minor incident.  He still received conduct and efficiency ratings of “excellent” throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.

BOARD VOTE:

__XXX___  __XXX__  __XXX _   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 first award of the Army Good Conduct Medal for the period 20 September 1967 through 26 August 1969; and

     b.  amending his DD Form 214 to add the Combat Infantryman Badge, the Bronze Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is eligible to wear four bronze service stars on his already-awarded Vietnam Service Medal.




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          CHAIRPERSON