IN THE CASE OF:	  

		BOARD DATE:	        17 March 2009

		DOCKET NUMBER:  AR20090000561 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending on
23 March 1971 to show award of the Combat Infantryman Badge. 

2.  The applicant states, in effect, that the Combat Infantryman Badge is not listed on his DD Form 214 and that the correction will assist him with the Department of Veterans Affairs claims process.

3. The applicant provides Headquarters, 25th Infantry Division Special Orders Number 254, dated 11 September 1970.

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 into the Army on 24 June 1969 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  The applicant arrived in Vietnam and was assigned to D Company, 3rd Battalion, 22nd Infantry, 25th Infantry Division on or about 20 July 1970.  

4.  Headquarters, 25th Infantry Division Special Orders Number 254, dated 
11 September 1970, show the applicant was awarded the Combat Infantryman Badge.

5.  The applicant departed Vietnam on or about 22 March 1971 after being credited with participating in one campaign.

6.  On 23 March 1971, the applicant was honorably released from active duty in the rank of Staff Sergeant/E-6 after completing 1 year and 9 months of creditable active service with no time lost.

7.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.  

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows that, at the time of the applicant’s assignment to the 3rd Battalion, 22nd Infantry, it was cited for award of the 



Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
1 September 1968 through 30 September 1970 based on Headquarters, Department of the Army General Orders Number 5, dated 1973.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of 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 service medal.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was awarded the Combat Infantryman Badge.  Therefore, it should be added to his DD Form 214.

2.  The applicant was separated in the rank of Staff Sergeant with 1 year and 
9 months of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 24 June 1969 through 23 March 1971.  He should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.

3.  The applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in one campaign makes him eligible for award of one bronze service star to be affixed to his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be amended to add these awards.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 24 June 1969 through 23 March 1971; and 

	b.  amending his DD Form 214 to add the Army Good Conduct Medal
(1st Award), the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star to be worn on his already-awarded Vietnam Service Medal.



															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)                                         AR20090000561



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ABCMR Record of Proceedings (cont)                                         AR20090000561



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