IN THE CASE OF:	  

		BOARD DATE:	  3 March 2009

		DOCKET NUMBER:  AR20080018784 


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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.  

2.  The applicant states, in effect, that this award is not shown on his DD Form 214.  He also states, in effect, that he did not notice the administrative error at first because he wanted Vietnam behind him.  His military personnel records should show his combat time.

3.  In support of his application, 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’s military records show that he was inducted into the Army of the United States, in pay grade E-1, on 10 June 1968.  He completed basic and advanced training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  The applicant served in the Republic of Vietnam from 3 November 1968 through 29 October 1969, with Company B, 4th Battalion, 12th Infantry, 199th Infantry Brigade.  During this period of service, he participated in the following three campaigns:  Vietnam Counteroffensive, Phase VI  (2 November 1968 –
22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969); and Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969).

4.  The applicant's records contain Headquarters, 199th Infantry Brigade, Special Orders Number 363, dated 28 December 1968, awarding him the Combat Infantryman Badge during his service in the Republic of Vietnam.  This award is not shown on his DD Form 214.

5.  The applicant's records also contain Headquarters, 199th Infantry Brigade, Special Orders Number 1984, dated 20 November 1969, awarding him the Army Commendation Medal with First Oak Leaf Cluster, for meritorious service in the Republic of Vietnam from November 1968 to November 1969.  This award is also not shown on his DD Form 214.

6.  The applicant was honorably released from active duty, in pay grade E-4, on 23 March 1970 and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with Bronze Service Star, and the Republic of Vietnam Campaign Medal with Device (1960); however, it does not list the Combat Infantryman Badge or the Army Commendation Medal with First Oak Leaf Cluster.  

8.  The applicant's records also show that he received "excellent" conduct and efficiency ratings through his tenure of service.  There is no evidence the applicant was disqualified for award of the Good Conduct Medal.

9.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations) furthers show he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  These awards are also not shown on his DD Form 214.
10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) records of the applicant's units for the timeframe the applicant served in Vietnam was conducted.  This review failed to show that any orders were published awarding the first award of the Army Commendation Medal.

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

12.  Army Regulation 672-5-1, 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.

13.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, during the time of his assignment to Company B, 4th Battalion, 12th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.  The evidence of record confirms he was awarded the Combat Infantryman Badge on 28 December 1968.  However, this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to add this award to his DD Form 214.

2.  The evidence of record also confirms he was awarded the Army Commendation Medal with First Oak Leaf Cluster on 20 November 1969 and this award is not shown on his DD Form 214.  While there is no evidence of record for the first award of the Army Commendation Medal, the Board operates under 
the presumption of regularity in governmental affairs.  This standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper and that the applicant was awarded the first award of the Army Commendation Medal in conformance with applicable regulations.  Accordingly, it must also be presumed that it is appropriate under the circumstances to add his award of the Army Commendation Medal with First Oak Leaf Cluster to his DD Form 214.

3.  The applicant completed a qualifying period of service with "excellent" conduct and efficiency ratings for the first award of the Good Conduct Medal.  There is no evidence in the available records which shows the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the Good Conduct Medal for the period 10 June 1968 to 23 March 1970 and to correction of his records to show the award of the Good Conduct Medal (First Award).

4.  The evidence also confirms that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  These awards are also not shown on the applicant's DD Form 214.  Therefore, it would be appropriate to add these awards to his DD Form 214.

5.  The evidence further confirms the applicant served in Vietnam for three campaigns and is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal to denote his campaign credit.  It would also be appropriate to add these service stars to his DD Form 214.

6.  General orders also entitled the applicant’s unit to 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 during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show these unit awards.

7.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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.  deleting the Vietnam Service Medal with bronze service star;
   
   b.  awarding the Good Conduct Medal (First Award) for his service from
10 June 1968 through 23 March 1970;

   c.  adding to Item 24 of his DD Form 214 the Army Commendation Medal with First Oak Leaf Cluster, Good Conduct Medal (First Award), Vietnam Service Medal with 3 bronze service stars, 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 Machinegun Bar (M-60), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and

   d.  providing the applicant a corrected separation document based on 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)                                         AR20080018784



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ABCMR Record of Proceedings (cont)                                         AR20080018784


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