RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070019033 


	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:


M

Chairperson

M

Member

M

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 records to show award of the Bronze Star Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal, and the Good Conduct Medal. 

2.  The applicant states he served in the Republic of Vietnam from June 1967 to April 1968 where he was involved in several firefights and was wounded in action.  He also adds that he served honorably for three years and, in effect, his conduct and efficiency were both excellent.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 31 July 1968.

	b.  Headquarters, 101st Air Cavalry Division, General Orders Number 3732, dated 18 July 1968, awarding him the Bronze Star Medal.

	c.  Two Letters of Commendation, dated 10 August 1966 and 27 January 1967.

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's records show that he enlisted in the Regular Army for a period of 3 years on 23 June 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained during his military service was staff sergeant (SSG)/E-6.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 31 July 1968.

3.  The applicant’s records further show he served in the Republic of Vietnam from 25 June 1967 to 27 April 1968.  He was assigned to Company B, 1st Battalion (Airborne), 327th Infantry, as a team leader.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Purple Heart, the Vietnam Service Medal, and one Overseas Service Bar.  Item 24 does not show award of Bronze Star Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal, or the Good Conduct Medal. 

5.  Headquarters, 101st Air Cavalry Division, General Orders Number 3732, dated 18 July 1968, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 15 June 1967 to 14 June 1968.

6.  The applicant’s records do not contain General Orders awarding him the Combat Infantryman Badge or the Good Conduct Medal.

7.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Combat Infantryman Badge or the Good Conduct Medal orders on file for the applicant. 

8.  Item 41 of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded the Combat Infantryman Badge based on Headquarters, 1st Brigade, 101st Airborne Division, Special Orders Number 332.

9.  The applicant's records show that he was awarded the Purple Heart for wounds received in combat as a result of hostile action when he was hit by fragments from a hostile rocket in the Republic of Vietnam on 15 April 1968.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  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 enlisted Soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry 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 primary duty, in a unit actively engaged in ground combat with the enemy.

11.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

12.  Item 38 (Record of Assignment) of the applicant's DA Form 20 shows that the applicant had all “excellent” conduct and efficiency ratings throughout his military service and no convictions by a court-martial. 

13.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have 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.

14.  Army Regulation 600-8-22 provides that 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 Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

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

17.  Item 29 (Qualification in Arms) of the applicant’s DA Form 20 shows he qualified marksman with the M-14 Rifle on 7 October 1965.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974 and the Republic of Vietnam Civil Actions Honor Medal-First Class, based on Department of the Army General Orders Number 48, dated 1971.

19.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

20.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase III, the TET Counteroffensive, and the Vietnam Counteroffensive, Phase IV, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Bronze Star Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal, and the Good Conduct Medal.

2.  General Orders show that the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, which is not shown on his records.  Therefore, he is entitled to correction of his records to show award of the Bronze Star Medal.  



3.  Evidence of record shows that the applicant was an infantryman assigned to an infantry unit and that he was awarded the Purple Heart for wounds received in action during his service in the Republic of Vietnam.  There is sufficient evidence to show that he was actively participating in ground combat.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

4.  Evidence of record confirms that the applicant served honorably during the period 23 June 1965 to 31 July 1968.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Good Conduct Medal based on completion of a qualifying period of service.  Therefore, he is entitled to correction of his records to show this award.

5.  Evidence of record shows that the applicant served a qualifying period for award of the Republic of Vietnam Campaign Medal.  Therefore, he is entitled to correction of his records to show this award.

6.  Evidence of record shows the applicant qualified marksman with his weapon.  Therefore, he is entitled to award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and correction of his records to show this award.

7.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class which are not shown on his records.  Therefore, he is entitled to have his records corrected to show these awards.

8.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

BOARD VOTE:

__phm___  ___jgh__  __ksj___  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 Combat Infantryman Badge for serving in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, on 15 April 1968;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 June 1965 to 
22 June 1968; and

	c.  showing award of the Bronze Star Medal, the Combat Infantryman Badge, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Republic of Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) , and three bronze service stars to be affixed to his already awarded Vietnam Service Medal.




						PHM
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070019033



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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