IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080006220 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Air Medal and the Combat Infantryman Badge.

2.  The applicant states, in effect, that these awards were not annotated on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214; a copy of his Air Medal Award Certificate and Citation; and a copy of his Army Commendation Medal Citation.

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 19 July 1967, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He attained the grade of sergeant/
E-5.  On 18 July 1969, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  On 1 July 1973, he was honorably discharged from the USAR upon completion of his statutory military obligation.

3.  The applicant served in the Republic of Vietnam (RVN) from 19 December 1967 through 18 December 1968.  He performed duties as a rifleman and squad leader with Company C, 4th Battalion, 39 Infantry Regiment, 9th Infantry Division.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the AM or CIB.

5.  Special Orders Number 120, Department of the Army (DA), Headquarters (HQ), 9th Infantry Division, dated 25 April 1968, awarded the applicant the CIB (First Award).

6.  Special Orders Number 9281, DA, HQ, 9th Infantry Division, dated 21 May 1968, awarded the applicant the Combat Medical Badge (CMB) (First Award).

7.  General Orders Number 9281, DA, HQ, 9th Infantry Division, dated
25 September 1968, awarded the applicant the AM for meritorious achievement while participating in sustained aerial flight from 19 December 1967 to 15 August 1968.

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

9.  The applicant's records show that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was disqualified for award of the Army Good Conduct Medal (AGCM).

10.  Army Regulation 672-5-1, in effect at the time, provides that the AGCM 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.

11.  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 31, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 59, dated 1969. 

12.  The applicant's records show he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in 5 campaigns, the Vietnam Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI campaigns.   

13.  Appendix B of Army Regulation 600-8-22 lists all approved Army campaigns, including campaigns of the Vietnam War.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  This regulation also states that a silver service star is authorized in lieu of five bronze service stars.

14.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows a unit to which the applicant was assigned (4th Battalion, 39th Infantry) was cited for award of the Valorous Unit Award (VUA) for the periods 6-12 May 1968, by Department of the Army General Orders Number 43, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  Special Orders awarded the applicant the CIB (First Award).  Therefore, he is entitled to have this already-awarded badge added to his official record.

2.  Special Orders awarded the applicant the CMB (First Award).  Therefore, he is entitled to have this already-awarded badge added to his official record.

3.  General Orders awarded the applicant the AM.  Therefore, he is entitled to have this already-awarded medal added to his official record.

4.  The applicant completed a qualifying period of service for the first award of the AGCM.  There is no evidence in the available records which show the 
applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the AGCM for the period 19 July 1967 through 18 July 1969 and to correction of his records to show the award of the AGCM (First Award).

5.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

6.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

7.  Evidence of record shows that the applicant participated in 5 campaigns during his service in the RVN.  Therefore, he is eligible for award of 1 silver service star to be affixed on his already-awarded Vietnam Service Medal. 

8.  The applicant's unit was awarded the VUA for the period 6-12 May 1968.
Therefore, he is entitled to have his records corrected to show this unit award.

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.  adding the already-awarded CIB to the applicant's official record;

	b.  adding the already-awarded CMB to the applicant's official record;

	c.  adding the already-awarded AM to the applicant's official record;

	d.  awarding the applicant the AGCM (First Award) for the qualifying period of 19 July 1967 through 18 July 1969 and correcting the record to show this award;

	e.  authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award; 

	f.  authorizing the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and correcting the record to show this award; 

	g.  deleting the Vietnam Service Medal from his DD Form 214 and adding the Vietnam Service Medal with 1 silver service star; and

	h.  authorizing the VUA and correcting the record to show this award.



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006220



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ABCMR Record of Proceedings (cont)                                         AR20080006220



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