IN THE CASE OF:	  

	BOARD DATE:	  25 November 2008

	DOCKET NUMBER:  AR20080014811 


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 that he was awarded the Combat Infantryman Badge but it is not shown on his DD Form 214.

3.  The applicant provides copies of his Enlisted Qualification Report (DA Form 20), Record of Induction (DD Form 47), orders releasing him from active duty, orders discharging him from the United States Army Reserve, and a photograph of him in a hospital.

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 19 June 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 217, United States Army Training Center, Infantry, Fort Lewis, Washington, dated 5 August 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.

4. Special Orders Number 268, United States Army Training Center, Infantry, Fort Lewis, Washington, dated 25 September 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-16] Bar.

5. Special Orders Number 270, United States Army Training Center, Infantry, Fort Lewis, Washington, dated 27 September 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Automatic Rifle Bar.

6. Special Orders Number 277, United States Army Training Center, Infantry, Fort Lewis, Washington, dated 4 October 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun [M-60] Bar.

7.  On 9 November 1968, the applicant was assigned as a student noncommissioned officer candidate with the 75th Company, the Candidate Brigade, United States Army Infantry School, at Fort Benning, Georgia.  Upon completion of this program, he was assigned for duty as a squad leader at Fort Lewis, Washington.

8.  On 31 May 1969, the applicant was assigned for duty as a squad leader with the 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division, in the Republic of Vietnam.

9.  Special Orders Number 178, 9th Infantry Division, dated 27 June 1969, awarded the applicant the Combat Infantryman Badge.

10.  General Orders Number 8011, 9th Infantry Division, dated 30 June 1969, awarded the applicant the Bronze Star Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam.

11.  On or about 23 August 1969, the applicant departed the Republic of Vietnam and was subsequently assigned for duty as a squad leader with the 2nd Battalion, 299th Infantry Regiment in Hawaii.  On 5 December 1969, he was reassigned to the 3rd Battalion, 14th Infantry Regiment.
12.  On 10 March 1970, the applicant returned to the continental United States.

13.  On 22 March 1970, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 1 year, 
9 months and 4 days of creditable active duty.

14.  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, Army Commendation Medal, Vietnam Service Medal, and the [Republic of] Vietnam Campaign Medal.   It does not show award of the Bronze Star Medal, Combat Infantryman Badge or any marksmanship qualification badges.  

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

16.  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. 

17.  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.  

18.  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 Tet 69 Counteroffensive and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  



19.  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 3rd Battalion, 39th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 59, dated in 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 43, dated in 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded the Bronze Star Medal.  Therefore, his records should be corrected to show this award.

2.  Special Orders show that the applicant was awarded the Combat Infantryman Badge.  Therefore, his records should be corrected to show this award.
  
3.  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.
 
4.  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.

5.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

6.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle, Automatic Rifle, and Machinegun Bars.  Therefore, his records should be corrected to show this award.








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 
19 June 1968 to 22 March 1970; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Bronze Star Medal, Army Good Conduct Medal, two bronze service stars to be affixed to his already awarded Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle, Automatic Rifle, and Machinegun Bars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20080014811



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