IN THE CASE OF:	  

	BOARD DATE:	  26 August 2008

	DOCKET NUMBER:  AR20080010128 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was awarded the Combat Infantryman Badge for his service in the Republic of Vietnam.  He now wants it added to his DD Form 214 so that he can receive benefits from the Department of Veterans Affairs (VA).

3.  The applicant provides no supporting documentation.  He indicated on his application that he provided a copy of his DD Form 214, but it was not attached.

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 12 January 1966, the applicant was inducted into the Army of the United States for two years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 68, 1st Armored Division, dated 17 March 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar.

4.  On 6 June 1966, the applicant was assigned for duty as a rifleman with the 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division, Fort Riley, Kansas. 

5.  Special Orders Number 204, Headquarters, 9th Infantry Division, dated
17 October 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16] Bar. 

6.  On or about 1 December 1966, the applicant deployed with his unit to the Republic of Vietnam.  He performed duties as a senior rifleman and squad leader.

7.  Special Orders Number 49, 9th Infantry Division, dated 18 February 1967, awarded the applicant the Combat Infantryman Badge.

8.  On 23 November 1967, the applicant returned to the United States and was subsequently released from active duty on 24 November 1967.  He was transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of sergeant, pay grade E-5, and had completed 1 year, 
10 months, and 13 days of creditable active service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the [Republic of] Vietnam Campaign Medal [with Device (1960)].  It does not show award of the Combat Infantryman Badge. 

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

11.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 
12.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  

13.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Vietnam Counteroffensive, Phase II and the Vietnam Counteroffensive, Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 60th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 31, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  Special Orders show that the applicant was awarded the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show these badges.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.


4.  Records show that the applicant's unit was cited in general orders for award of the.  Therefore, his records should be corrected to show this foreign Republic of Vietnam Gallantry Cross with Palm Unit Citation.   

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 him the Army good Conduct Medal for the period from 
12 January 1966 to 24 November 1967; and

	b.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the Army Good Conduct Medal, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



___________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080010128



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