IN THE CASE OF:	  

		BOARD DATE:	         2 April 2009

		DOCKET NUMBER:  AR20090001239 


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 the Combat Infantryman Badge.

2.  The applicant states that he was in an infantry unit and participated in numerous combat engagements.  

3.  The applicant provides a copy of 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 was inducted into the Army of the United States on
14 September 1967 and upon completion of initial entry training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from 26 February 1968 to 19 February 1969 while assigned to Company C, 2nd Battalion, 5th Calvary.  On 12 September 1969, he was honorably released from active duty after completing 1 year,        11 months, and 29 days of creditable active service and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The highest rank/grade his attained while servicing on active duty was sergeant (SGT)/E-5.

3.  Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Bronze Star Medal, Vietnam Campaign Medal, overseas service bars, and the Air Medal as authorized awards.

4.  Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 123, dated 2 May 1968, awarded the applicant the Combat Infantryman Badge.

5.  Review of the applicant's records revealed additional awards which are not shown on his DD Form 214.

6.  Headquarters, 2nd Basic Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 223, dated 4 November 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  Headquarters, 3rd Training Brigade, Fort Jackson, SC, Special Orders Number 14, paragraph 4, dated 24 January 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  Headquarters, 3rd Training Brigade, Fort Jackson, Special Orders Number 14, paragraph 11, dated 24 January 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 
3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for the Republic of Vietnam.  During the applicant's tour in the Republic of Vietnam he participated in four campaigns:  the Tet Counteroffensive (30 January 1968 – 
1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968); and the Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969).  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) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 59, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the Company C, 2nd Battalion, 5th Cavalry, it was cited for award of the Valorous Unit Award for the period 27-28 June 1968 by Department of the Army General Order Number 28, dated 1969.

13.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  He attained the rank of SGT with 1 year, 11 months, and 
29 days of creditable active service with no lost time.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the Combat Infantryman Badge has been carefully reviewed and found to have merit.

2.  Orders show the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to have his records corrected to show this award.

3.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, these badges should be added to his DD Form 214.

4.  The applicant served a period of qualifying service for award of the Vietnam Service Medal.  He also participated in four campaigns while in the Republic of Vietnam.  Therefore, he is entitled to award of the Vietnam Service Medal with four bronze service stars.

5.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award.  These unit awards should also be added to his DD Form 214.

6.  The applicant was released from active duty in the rank of SGT with 1 year, 11 months, and 29 days of creditable active service with no lost time.  He has no derogatory information in his records and his conduct and efficiency were rated as “excellent” throughout his service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 
14 September 1967 to 12 September 1969.

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 him the Good Conduct Medal for the period 14 September 1967 through 12 September 1969; and

	b.  adding to block 24 of his DD Form 214 the Good Conduct Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar
(M-14), Marksman Marksmanship Qualification Badge with Machinegun Bar
(M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Valorous Unit Award.



      ______ _   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)                                         AR20090001239



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ABCMR Record of Proceedings (cont)                                         AR20090001239



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