IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080008319 


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, in effect, that the already-awarded Combat Infantryman Badge be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that the Combat Infantryman Badge was deleted [sic omitted] from his DD Form 214.  He did not notice the badge was missing from his DD Form 214 until he filed a claim with the DVA (Department of Veterans Affairs).

3.  In support of his application, the applicant submitted a copy of his DD Form 214.

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 was inducted into the Army of the United States on 11 May 1967.  He completed basic combat training at Fort Benning, Georgia, and his advanced individual training at Fort Gordon, Georgia.  After completing all required training, he was awarded the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam from 29 February 1968 through 26 February 1969, with Headquarters and Headquarters Company, Company B, and Company E, all within the 2d Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile).

4.  The applicant was honorably released from active duty, on 26 February 1969, under the provisions of Army Regulation (AR) 635-200, early release of overseas returnee.  He was separated in the rank and pay grade of Sergeant, E-5.  On the date he was released from active duty, he had completed 1 year, 11 months, and 16 days active military service, with no time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded: the Bronze Star Medal; the Air Medal; the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Marksman Marksmanship Qualification Badge, with Rifle Bar [M-16 Rifle]; and two overseas service bars.  The Combat Infantryman Badge is not shown on the applicant's DD Form 214.

6.  An entry appears in Item 41 (Awards and Decorations), of the applicant's DA Form 20, showing that he was awarded the Combat Infantryman Badge by Special Orders Number 131, published by Headquarters, 1st Cavalry Division (Airmobile).  A copy of these orders is on file in the applicant's service records.

7.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows that the applicant consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

8.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for campaign participation.

9.  While in Vietnam, the applicant participated in the following five campaigns of the Vietnam War:  the Tet Counteroffensive, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; and the Tet 69 Counteroffensive, 1969 which extended from 23 February through 8 June 1969.

10.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to:  the 2d Battalion, 7th cavalry Regiment, at the time it was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 17 November 1965 through 19 May 1969, by Department of the Army General Order (DAGO) Number 59, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 1 January 1969 through 1 February 1970, by DAGO 42, dated 1972.

11.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge, with Machinegun Bar [M-60 Machinegun], in Special Orders Number 137, Paragraph 4, published by Headquarters, 3d Training Brigade (Infantry), US Army Training Center, Fort Gordon, Georgia, on 31 August 1967.  This marksmanship qualification badge is not shown on the applicant's DD Form 214.

12.  AR 672-5-1, in effect at the time of the applicant's separation 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.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

13.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and 
states that authorized bronze service stars will be worn on the appropriate 
service medal, in this case, the Vietnam Service Medal.  This same regulation provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

14.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was awarded the Combat Infantryman Badge.  He is therefore entitled to have it added to his DD Form 214.

2.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of an administrative oversight rather than something that he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 11 May 1967 through 26 February 1969.

3.  The applicant served in five campaigns while he served in Vietnam.  He is therefore entitled to award of one silver service star to be affixed to his already-awarded Vietnam Service Medal and to have this silver service star added to his DD Form 214.

4.  The applicant served in a unit that 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, while he was a member of the unit.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214 at this time.

5.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  This marksmanship qualification badge is not shown on the applicant's DD Form 214.  He is entitled to have this marksmanship qualification badge added to his DD Form 214.

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.  adding the already-awarded Combat Infantryman Badge to the applicant's DD Form 214;

      b.  awarding the applicant the Army Good Conduct Medal, for the period from 11 May 1967 through 26 February 1969, and adding this award to his DD Form 214;

      c.  awarding the applicant one silver service star to be affixed to his already-awarded Vietnam Service Medal, to denote his participation in five campaigns while he served in Vietnam, and to be shown on his DD Form 214 as the Vietnam Service Medal, with one silver service star;
      
      d.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these unit awards to his DD Form 214; and

      e.  adding the already-awarded Sharpshooter Marksmanship Qualification Badge, with Machinegun Bar, to the applicant’s DD Form 214.



      _________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)                                         AR20080008319



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ABCMR Record of Proceedings (cont)                                         AR20080008319



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