IN THE CASE OF:	  

		BOARD DATE:	  23 October 2008

		DOCKET NUMBER:  AR20080012247 


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 the 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 that the Combat Infantryman Badge was left off his DD Form 214.

3.  The applicant provides his Combat Infantryman Badge orders, 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 was inducted into the Army on 13 May 1969.
3.  The applicant arrived in Vietnam and was assigned to the 3d Squadron, 4th Cavalry, 25th Infantry Division, on 18 October 1969.

4.  Headquarters, 25th Infantry Division Special Orders Number 35, dated           4 February 1970, awarded the applicant the Combat Infantryman Badge.  These orders are filed in his Official Military Personnel File.

5.  Headquarters, 25th Infantry Division General Orders Number 3346, dated    31 March 1970, awarded the applicant the Army Commendation Medal for meritorious achievement during the period 1 February 1070 to 31 March 1970.

6.  Headquarters, 25th Infantry Division General Orders Number 8829, dated     14 August 1970, awarded the applicant the Army Commendation Medal with “V” Device (First Oak Leaf Cluster) for heroism on 8 April 1970.

7.  The applicant departed Vietnam on 14 November 1970 after being credited with participation in four campaigns.

8.  The applicant was honorably released from active duty on 18 November 1970, in the rank and grade of Sergeant (SGT)/E-5, after completing 1 year,
6 months, and 6 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and the Bronze Star Medal.

9.  The applicant’s records contain no derogatory information.  His conduct and efficiency were rated as “excellent” throughout his service.

10.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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.


12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 3d Squadron, 4th Cavalry, it was cited for award of the Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 3d Squadron, 4th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period      1 May through 28 June 1970 by DAGO General Orders Number 55, dated 1971.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 3d Squadron, 4th Cavalry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 March 1966 through 21 June 1970 by DAGO General Orders Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Combat Infantryman Badge, and this award should be added to his DD Form 214.

2.  The applicant’s DD Form 214 shows he was awarded the Army Commendation Medal.  However, the evidence of record shows he was awarded one Army Commendation Medal for meritorious achievement and one Army Commendation Medal with “V” Device (First Oak Leaf Cluster) for heroism.  Therefore, his DD Form 214 should be amended to show he was awarded the Army Commendation Medal with “V” Device and with First Oak Leaf Cluster.

3.  The applicant was credited with participation in four campaigns.  Therefore, he is eligible to wear four bronze service stars on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.

4.  The applicant was honorably separated in the rank and grade of SGT/E-5, after completing over 18 months of creditable active service with no lost time.  His records contain no derogatory information, and his conduct and efficiency were rated as “excellent” throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.



5.  The applicant was assigned to a unit during a period of time that unit was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

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.  deleting the entries, “VIETNAM SERVICE MEDAL” and “ARMY COMMENDATION MEDAL” from his DD Form 214;

     b.  awarding him the Army Good Conduct Medal (First Award) for the period    13 May 1969 through 18 November 1970; and

     c.  adding the Combat Infantryman Badge, the Army Good Conduct Medal (First Award), the Army Commendation Medal with “V” Device and with First Oak Leaf Cluster, the Vietnam Service Medal with four bronze service stars, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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)                                         AR20080012247



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ABCMR Record of Proceedings (cont)                                         AR20080012247



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