IN THE CASE OF:	  

		BOARD DATE:	  	   9 April 2009

		DOCKET NUMBER:  AR20090001196 


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) to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was awarded the Combat Infantryman Badge and he served in a combat infantry division, but it is not indicated on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 in support of his 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.  On 26 March 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 (MOS) 11B (Light Weapons Infantryman).  The applicant was honorably released from active duty on 24 February 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 10 months, and 29 days of active military service and the highest rank/grade he held during his tenure of service was staff sergeant (SSG)/E-6.

3.  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, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Commendation Medal, Air Medal, Bronze Star Medal, and the Purple Heart.  It does not show award of the Combat Infantryman Badge.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) in Item 31
(Foreign Service) shows that he served in Vietnam from 26 February 1969 to
"25" February 1970.  Item 38 (Record of Assignments) shows that during his tour in the Republic of Vietnam, he was assigned to Company B, 2nd Battalion,
5th Cavalry, 1st Cavalry Division (Airmobile), performing duties as a squad leader in MOS 11B.  It also shows he earned "excellent" conduct and efficiency ratings in all of his active duty assignments.

5.  Special Orders Number 192, Headquarters, 1st Air Cavalry Division, APO San Francisco 96490, dated 11 July 1969, awarded the applicant the Combat Infantryman Badge.

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

7.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have prohibited him from receiving the Army Good Conduct Medal.

8.  Special Orders Number 151, Headquarters, 1st Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, New Jersey, dated 27 June 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber), which is not listed on his DD Form 214.

9.  Army Regulation 672-5-1 (Military Awards), 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.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods:  Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969); Vietnam Sumer-Fall 1969 (9 June 1969 – 31 October 1969); and Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  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 Company B, 2nd Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders 59, 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for the Combat Infantryman Badge was carefully considered and found to have merit.  Special Orders Number 192 awarded the applicant the Combat Infantryman Badge.  Therefore, it would be appropriate to correct his record to show this award.

2.  Special Orders Number 151 awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, it would be appropriate to correct his record to show this award.

3.  The applicant's record confirms that he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a unit commander disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  As a result, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying period of honorable active duty service from
26 March 1968 to 24 February 1970. 

4.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for three bronze service stars to be affixed to his Vietnam Service Medal.
5.  The evidence of record also confirms that based on his service in the Republic of Vietnam, he is also entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to correct his records to show this unit 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. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Army Good Conduct Medal (first award) for the period from 26 March 1968 to 24 February 1970; and

	c.  adding to item 24 of the applicant's DD Form 214 the Good Conduct Medal (first award), Vietnam Service Medal with three bronze service stars, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Pistol Bar, and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20090001196



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ABCMR Record of Proceedings (cont)                                         AR20090001196



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