IN THE CASE OF:	  

		BOARD DATE:	        21 JANUARY 2009

		DOCKET NUMBER:  AR20080017316 


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 his award of the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was an 11B2O (light weapons infantryman) scout dog handler acting as a point man with his dog on numerous occasions.

3.  The applicant provides a copy of his DD Form 214.

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 in Oklahoma City, Oklahoma, on 5 June 1969.  He completed his basic training at Fort Bliss, Texas, his advanced individual training as a light weapons infantryman at Fort Ord, California and was then transferred to Fort Benning, Georgia, where he underwent a 12-week scout dog handlers course.  He was advanced to the pay grade of E-3 on 8 October 1969.

3.  He was transferred to Vietnam on 14 May 1970 and was assigned to the 42d Infantry Platoon (Scout Dog), 101st Airborne Division.  He was awarded the CIB on 10 July 1970 in Special Orders Number 192, issued by Headquarters, 101st Airborne Division (Airmobile), on 11 July 1970.  He was advanced to the pay grade of E-4 on 16 October 1970.

4.  He departed Vietnam on 17 April 1971 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty on 17 April 1971 as a overseas returnee.  He had served 1 year, 10 months, and 13 days of total active service and his DD Form 214 reflects that he was awarded the National Defense Service Medal, the Bronze Star Medal, and the Vietnam Service Medal (VSM).

5.  A review of his records also shows that he had excellent conduct and efficiency ratings throughout his service and there is no derogatory information in his records that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

7.  Army Regulation 672-5-1 (Military Awards), in effect at the time, established the criteria for award of the AGCM.  It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941, and was amended by Executive Order 9323, 1943, and by Executive Order 10444, 10 April 1953, and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for the first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Additionally, he participated in two campaigns while assigned to Vietnam and is entitled to be awarded two bronze service stars for wear on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to add his award of the CIB has been noted and found to have merit.  The applicant was awarded the CIB on 10 July 1970 in competent orders and that award should be added at this time.

2.  The evidence of record also shows that the applicant is also entitled to have his records show his awards of the Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

3.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from 5 June 1969 through 17 April 1971.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.

4.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

5.  Additionally, the evidence of record also establishes that the applicant is entitled to award of two bronze service stars for wear on his already-awarded VSM.

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.  awarding him the AGCM for the period of 5 June 1969 to 17 April 1971; and

     b.   amending his DD Form 214 to add the CIB, the AGCM, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Campaign Medal with Device (1960) and to show he is authorized to wear two bronze service stars on his already-awarded VSM.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20080017316



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ABCMR Record of Proceedings (cont)                                         AR20080017316



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