IN THE CASE OF:	  

		BOARD DATE:	        03 MARCH 2009

		DOCKET NUMBER:  AR20080016339 


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, 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 essentially states that he was awarded the Combat Infantryman Badge in Vietnam, but his DD Form 214 does not reflect this fact.   

3.  The applicant provides his DD Form 214 in support of this 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 military records show that he was inducted into the Army of the United States on 14 May 1969.  He completed basic training and advanced individual training (AIT) and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He departed for the Republic of Vietnam on 
14 May 1970, and was initially assigned to Company C, 2nd Battalion, 60th Infantry Regiment.  On 8 November 1970, he was reassigned to Company B, 1st Battalion, 5th Infantry Regiment.  He returned to the continental United States on 3 April 1971 and was honorably released from active duty on that date.  The 
DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

3.  The applicant's DD Form 214 does not show that he was awarded the Combat Infantryman Badge, but he was awarded the Combat Infantryman Badge by Headquarters, 3rd Brigade, 9th Infantry Division Special Orders Number 155, dated 4 June 1970.

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  The applicant served 1 year, 10 months, and 20 days of continuous enlisted active duty service from 14 May 1969 to 3 April 1971, but his DD Form 214 does not show that he was awarded the Army Good Conduct Medal.  All of his conduct and efficiency ratings were "excellent" throughout his active duty service with the exception of "good" conduct and efficiency ratings during Phase II of a Combat Leaders Course, and there is no derogatory information in his military records that could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.

6.  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 2nd Battalion, 60th Infantry Regiment, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation by Department of the Army General Orders Number 55, dated 1971.

7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the DA Sanctuary Counteroffensive campaign and the Vietnam Counteroffensive Phase VII campaign.  

8.  The applicant's DD Form 214 does not show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, but he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar by Headquarters, First Basic Combat Training Brigade, U.S. Army Training Center (Infantry), Fort Ord, California Special Orders Number 1232, dated 1 July 1969.

9.  The applicant's DD Form 214 also does not show that he was awarded the First Class Gunner Marksmanship Qualification Badge with Grenade and Mortar Bars.  However, he was awarded the First Class Gunner Marksmanship Qualification Badge with Grenade Bar by Headquarters, First Basic Combat Training Brigade, U.S. Army Training Center (Infantry), Fort Ord, California Special Orders Number 137, dated 9 July 1969.  He was also awarded the First Class Gunner Marksmanship Qualification Badge with Mortar Bar by Headquarters, Second AIT Brigade, U.S. Army Training Center (Infantry), Fort Ord, California Special Orders Number 174, dated 25 August 1969.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have 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.

DISCUSSION AND CONCLUSIONS:

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

2.  Special orders awarded the applicant the Combat Infantryman Badge, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his 
DD Form 214 to show the award of the Combat Infantryman Badge.

3.  The applicant served 1 year, 10 months, and 20 days of continuous enlisted active duty service from 14 May 1969 to 3 April 1971, and his conduct and efficiency ratings were "excellent" throughout his active duty service with the exception of "good" conduct and efficiency ratings during Phase II of a Combat Leaders Course.  There is also no derogatory information in his military records that could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 14 May 1969 to 
3 April 1971, and correct his military records to show the award of the Army Good Conduct Medal.

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation to the 2nd Battalion, 60th Infantry Regiment while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

5.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

6.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the First Class Gunner Marksmanship Qualification Badge with Grenade and Mortar Bars, and the First Class Gunner Marksmanship Qualification Badge was subsequently renamed the Sharpshooter Marksmanship Qualification Badge.  Therefore, he is entitled to correction of his military records to show the award of the Sharpshooter Marksmanship Qualification Badge with Rifle, Grenade, and Mortar Bars.

BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

1.  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 the award of the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle, Grenade, and Mortar Bars;

	b.  awarding him the Army Good Conduct Medal for the period 14 May 1969 to 3 April 1971 while serving as a sergeant;

	c.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation; and

	d.  showing two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ _   XXX_______   ___
               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)                                         AR20080016339



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ABCMR Record of Proceedings (cont)                                         AR20080016339



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