IN THE CASE OF:	

		BOARD DATE:	  28 October 2008

		DOCKET NUMBER:  AR20080012299 


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 his award of the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 6 June 1969.

2.  The applicant states his award of the Combat Infantryman Badge was omitted from his DD Form 214.

3.  The applicant provides, in support of his application, copies of his 
DD Form 214 and the orders awarding him the Combat Infantryman Badge.

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 military personnel record shows he inducted on 9 August 1967 for a period of 2 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 11C (Indirect Fire Infantryman).

3.  The applicant was assigned to Company E, 1st Battalion, 11th Infantry in the Republic of Vietnam during the period from 24 July 1968 to 4 June 1969.

4.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) Special Order Number 75, dated 15 September 1968, awarded the applicant the Combat Infantryman Badge.

5.  On 12 November 1968, the applicant was promoted to sergeant/pay 
grade E5.

6.  On 6 June 1969, the applicant was released from active duty by reason of an early release to attend school.  He had completed 1 year, 9 months, and 28 days of active service that was characterized as honorable.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show the applicant was awarded the Combat Infantryman Badge.  However, Item 24 does show the applicant was awarded the Expert Marksmanship Badge with Rifle Bar (shown as "EXP (M-14) (M-16)") and the Vietnam Service Medal.

8.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, during the time of the applicant’s assignment to the 1st Battalion, 11th Infantry the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 26 August to 2 November 1968, based on Department of the Army General Order Number 59, dated 1969.

11.  Headquarters, 3rd Training Brigade Special Orders Number 207, dated 
13 December 1967, awarded the applicant the Expert Marksmanship Badge with Mortar Bar.

12.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the Army 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.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of active enlisted Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

13.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 shows he served in the Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968); the Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968); the Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 22 February 1969); and the Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969).

14.  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.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his Combat Infantryman Badge should be added to his DD Form 214.

2.  The applicant's military personnel records contain orders awarding him the Combat Infantryman Badge.  Therefore, he is entitled to have the Combat Infantryman Badge added to his DD Form 214.

3.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 9 August 1967 to 6 June 1969 ending with termination of a period of active enlisted Federal military service.

4.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on his Vietnam Service Medal.  

5.  Based on the applicant's service with 1st Battalion, 11th Infantry he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant's records show he was awarded the Expert Marksmanship Badge with Rifle Bar.  Orders in his records further show he was awarded the Expert Marksmanship Badge with Mortar Bar.  Therefore, the applicant is entitled to the Expert Marksmanship Badge with Rifle Bar and Mortar Bar.

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 

amending Item 24 his DD Form 214 to include entries to show that he was awarded or authorized the Combat Infantryman Badge, the Army Good Conduct Medal for the period of service from 9 August 1967 to 6 June 1969, four bronze service stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Badge with Rifle Bar and Mortar Bar.


      _______ _  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)                                         AR20080012299





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ABCMR Record of Proceedings (cont)                                         AR20080012299



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