IN THE CASE OF:	  

		BOARD DATE:	  13 November 2008

		DOCKET NUMBER:  AR20080014342 


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, award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that the CIB he was awarded was not included in the list of awards contained on his separation document (DD Form 214).  He states that during his separation processing he was in a hurry to get home and failed to ask that the CIB be added to his DD Form 214.

3.  The applicant provides his DD Form 214 and Honorable Discharge Certificate 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 record shows he was inducted into the Army of the United States (AUS) and entered active duty on 10 January 1969.  He was trained in and awarded MOS 11B (Light Weapons Infantryman) and the highest rank he attained while serving on active duty was staff sergeant (SSG)/E-6.

3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 18 December 1969 through 7 November 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company B, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division, performing duties in MOS 11B as an infantry squad leader.  Item 38 also shows that he received no less than “Excellent” conduct and efficiently ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) shows that he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Bronze Star Medal (BSM), Air Medal (AM), CIB, Army Commendation Medal (ARCOM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar. 

4.  The applicant's Military Personnel Record Jacket (MPRJ) is void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).  It also contains Headquarters, 25th Infantry Division Special Orders Number 181, dated 30 June 1970, which awarded the applicant the CIB. 

5.  The applicant's MPRJ also contains special orders issued at the United States Army Training Center, Armor, Fort Knox, Kentucky, which confirms the applicant qualified as a sharpshooter with the M-14 rifle and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar on 
19 February 1969, and that he qualified as an expert with the M-16 rifle and was awarded the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar on 17 April 1969.  

6.  On 12 November 1970, the applicant was honorably released from active duty after completing a total of 1 year, 10 months, and 3 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the following awards:  NDSM, ARCOM, BSM, AM, VSM, and RVNCM.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  
8.  Chapter 4 of Army Regulation 600-8-22 (Military Awards) prescribes the policy for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM is awarded for honorable active duty service during a qualifying period.  This period is 3 years, except in the case of the first award, in which case a period of more than 1 year is a qualifying period if awarded at the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (4th Battalion, 9th Infantry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that during this period, participation credit was granted for the Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the CIB was erroneously omitted from his 
DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms he was awarded the CIB, as evidenced by a DA Form 20 entry in Item 41 and by CIB orders on file in his record.  As a result, it would be appropriate to add the CIB to his DD Form 214 at this time. 

2.  The applicant's record confirms that he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 10 January 1969 through 12 November 1970.

3.  The evidence also confirms that he was awarded the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, which were omitted from the list of awards contained on his DD Form 214.  Further, based on his RVN service and campaign participation, the applicant is also entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars with his Vietnam Service Medal.  Therefore, it would also be appropriate to add these awards and decorations to his record and separation document at this time. 


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.  showing his entitlement to the Combat Infantryman Badge;

   b.  awarding him the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 10 January 1969 through 12 November 1970; 

   c.  amending Item 24 of his 12 November 1970 DD Form 214 by deleting the current list of awards and replacing it with the entry "National Defense Service Medal, Bronze Star Medal, Army Commendation Medal, Air Medal, Army Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14)”; and

   d.  providing him a correction to his separation document that includes these changes.



												________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)                                         AR20080014342



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ABCMR Record of Proceedings (cont)                                         AR20080014342


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