IN THE CASE OF:	 

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080007951 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge. 

2.  The applicant states, in effect, that the award was left off his records due to an administrative oversight.  

3.  The applicant provides a copy of his DD Form 214, dated 19 April 1968, and a copy of Special Orders awarding him the Combat Infantryman Badge, in support of his application.    

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 he was inducted into the Army of the United States on 21 April 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantry).  He was honorably separated and transferred to the U.S. Army Reserve Control Group on 19 April 1968.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

3.  The applicant’s records show that he served in the Republic of Vietnam from 23 December 1966 to 22 December 1967.  He was assigned to Company D, 3rd Battalion, 21st Infantry, 196th Light Infantry Brigade.  

4.  Item 24 (Decoration, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  Item 24 does not show award of the Combat Infantryman Badge.  

5.  Headquarters, 196th Light Infantry Brigade, Special Orders Number 48, dated 18 February 1967, show the applicant was awarded the Combat Infantryman Badge for actively engaging or being engaged by the enemy on 13 February 1967.  

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

7.  Headquarters, U.S. Army Training Center, Fort Leonard Wood, Missouri, Special Orders Number 259, dated 16 September 1966, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) on 13 September 1966.

8.  Headquarters, Fort Polk, Louisiana, Special Orders Number 282, dated 31 October 1966, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 20 October 1966.

9.  Headquarters, Fort Polk, Louisiana, Special Orders Number 288, dated 7 November 1966, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) on 20 October 1966.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 3rd Battalion, 21st Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases II and III, 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.  A silver service star is worn in lieu of five bronze service stars. 

12.  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. Furthermore, Item 38 (Record of Assignment) of the applicant’s DA Form 20 shows he received a conduct and efficiency ratings of “Excellent” throughout his military service.

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.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Combat Infantryman Badge which is not shown on his records; therefore, he is entitled to correction of his records to show this award.  

2.  Special Orders awarded the applicant the Marksman Marksmanship Qualification Badges with Rifle Bar (M-14 and M-16) and Machinegun Bar, which are not shown on his records; therefore, he is entitled to have his records corrected to show these awards.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

5.  The evidence of record confirms that the applicant served honorably during the period 20 April 1966 to 19 April 1968.  He received an excellent conduct and efficiency ratings and attained the rank/grade of SGT/E-5.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service.  Therefore, he is entitled to correction of his records to show this award.

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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 20 April 1966 to 19 April 1968; and

	b.  showing award of the Good Conduct Medal (1st Award), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



      _______ _ X  _______   ___
               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)                                         AR20080007951





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ABCMR Record of Proceedings (cont)                                         AR20080007951



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