IN THE CASE OF:	 

		BOARD DATE:	  	  30 September 2008

		DOCKET NUMBER:  AR20080007305 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal with “V” Device, the Combat Infantryman Badge, and the Army Good Conduct Medal.

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

3.  The applicant provides a copy of his DD Form 214 and his general orders awarding him the Army Commendation Medal with “V” Device.  

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 14 March 1967.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  His highest grade held was specialist four, E-4.  

3.  He was assigned to Vietnam on 19 August 1967 with Company B, 3rd Battalion, 22nd Infantry, 25th Infantry Division as a rifleman in duty MOS 11B.

4.  Headquarters, 25th Infantry Division, General Orders Number 2389, 
dated 2 April 1968, awarded the applicant the Army Commendation Medal with “V” Device for actions on 1 January 1968 in the Republic of Vietnam.  The citation indicated that he distinguished himself by heroic actions while serving as part of a security force for fire support base Burt in the Republic of Vietnam.  The fire support base came under an intense enemy mortar and ground attack.  It also indicated that “Specialist ________ courageously held his position and contributed immeasurably to the defeat of the enemy force.” 

5.  Headquarters, 25th Infantry Division, General Orders Number 5034, 
dated 11 July 1968, awarded the applicant the Army Commendation Medal for meritorious service from August 1967 to August 1968.  

6.  The applicant departed Vietnam on 7 August 1968 and was credited with participation in the Vietnam Counteroffensive Phase III Campaign, the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Phase IV Campaign, and the Vietnam Counteroffensive Phase V Campaign.

7.  The applicant was released from active duty on 13 March 1969.  He completed 2 years of active military service with no days of lost time.  His DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service.

8.  His DD Form 214 shows the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the National Defense Service Medal as authorized awards.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 3rd Battalion, 22nd Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3rd Battalion, 22nd Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

11.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 applicant’s DD Form 214 currently reflects one award of the Army Commendation Medal.  However, general orders show he was awarded another award of the Army Commendation Medal for valor in April 1968.  Therefore, it would be appropriate to amend his DD Form 214 to show the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device.  

2.  The applicant was awarded MOS 11B and performed duties in MOS 11B while assigned to an infantry unit in Vietnam.  General orders show he was awarded the Army Commendation Medal with “V” Device for actions during an intense enemy mortar and ground attack in Vietnam.  This is accepted as sufficient evidence to show he served in active ground combat, as an infantryman, while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Therefore, he has met the requirements for award of the Combat Infantryman Badge.  

3.  It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 14 March 1967 through 13 March 1969.

4.  The applicant was assigned to a unit during a period it 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.  Therefore, these awards should be added to his DD Form 214.

5.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal with two bronze service stars.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his Vietnam Service Medal.

BOARD VOTE:

____XX____  ___XX_____  __XX______  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 Army Good Conduct Medal for the period from 14 March 1967 through 13 March 1969; 

	b.  deleting the Vietnam Service Medal with two bronze service stars and the Army Commendation Medal from his DD Form 214 ; and 


	c.  adding the Army Commendation Medal (First Oak Leaf Cluster) with
“V” Device, the Combat Infantryman Badge, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.




      _______ XXXX_   _______   ___
               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)                                         AR20080007305



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ABCMR Record of Proceedings (cont)                                         AR20080007305



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