DOCKET NUMBER:  AR20090002198 


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 the Combat Infantryman Badge be listed as an authorized award on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he was authorized the Combat Infantryman Badge based on the orders that he provided.

3.  The applicant provides copies of Headquarters, 101st Airborne Division Special Orders Number 102, dated 12 April 1969, awarding him the Combat Infantryman Badge, and 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 into the Army of the United States on 21 June 1968.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons Infantryman).  

3.  In addition to being awarded the Expert Marksmanship Qualification Badge (Rifle M-14), Headquarters, US Army Training Center (USATC), Infantry, Fort Polk, Louisiana Special Orders 237, dated 19 September 1968, awarded the applicant the Marksman Marksmanship Qualification Badge (Rifle M-16); and Headquarters, USATC Special Orders Number 244, dated 27 September 1968, awarded the applicant the Marksman Marksmanship Qualification Badge (M-60 Machinegun). 

4.  He served in Vietnam with A Company, 1st Battalion (Airmobile), 501st Infantry, 101st Airborne Division from 4 December 1968 until he was honorably released from active duty on 22 January 1970 and transferred to the U.S. Army Reserve (Annual Training) in the rank of sergeant (E-5).

5.  The applicant’s DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Meritorious Unit Commendation, the Air Medal and 2 Overseas Service Bars.  It shows he served in Vietnam for 1 year, 2 months and 7 days [indicating that he arrived in Vietnam on or about 15 November 1968].

6.  The applicant's DA Form 137 (Installation Clearance Record) indicates that he was out-processed by A Company, 1st Battalion (Airmobile), 501st Infantry, 101st Airborne Division, in Vietnam, and that his conduct and efficiency ratings were “excellent.”  

7.  Headquarters 101st Airborne Division Special Orders Number 102, dated 
12 April 1969, show the applicant was awarded the Combat Infantryman Badge.

8.  Headquarters 101st Airborne Division General Orders Number 10431, dated 
11 August 1969, awarded the applicant Air Medal (1st award).  Headquarters 101st Airborne Division General Orders Number 13870, dated 15 November 1969, awarded the applicant Air Medal (2nd award).

9.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

10.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals for exemplary behavior, efficiency, and fidelity who distinguish themselves by their exemplary conduct, efficiency, and fidelity.  They must 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.

11.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant's tour of duty coincided with the following four designated campaign periods:  Vietnamese Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; Tet 69 Counteroffensive. 
23 February –8 June 1969; Vietnam Summer - Fall 1969, 9 June - 31 October 1969; and the Vietnam Winter - Spring 1970 1 November 1969 - 30 April 1970.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that 1st Battalion. 501st Infantry (Airmobile) was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 through 14 May 1969 by Department of the Army General Order (DAGO) 43, dated 1970 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO 48, date 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that he was authorized the Combat Infantryman Badge.

2.  The applicant qualified for the Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machinegun Bars.  


3.  Available orders show the applicant was awarded the Combat Infantryman Badge and the Air Medal (2nd award).  

4.  The applicant served during four designated campaign periods and is authorized to wear four bronze service stars on the already-awarded Vietnam Service Medal.

5.  The applicant distinguished himself by his exemplary conduct, efficiency, and fidelity as evidenced by his combat service, personal decoration and promotion to sergeant (E-5).  There is no evidence that the applicant was denied award of the Good Conduct Medal from 21 June 1968 through 22 January 1970.  Therefore, he should be authorized this award.

6.  In view of the foregoing findings and conclusions it would be appropriate to rectify this injustice by correcting the applicant’s records 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.  awarding him the Good Conduct Medal for the period from 21 June 1968 through 22 January 1970;
   
   b.  deleting the Air Medal from the authorized awards shown on his DD Form 214; and 
   
   c.  adding to the authorized awards shown on his DD Form 214, the Air Medal with Numeral 2, Good Conduct Medal, four bronze service stars to be worn on
   
the already-awarded Vietnam Service Medal, Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machinegun Bars.  




      _______ _   __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)                                         AR20090002198



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ABCMR Record of Proceedings (cont)                                         AR20090002198



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