DOCKET NUMBER:  AR20090002393 


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

2.  The applicant states that he believes human error was committed by not adding the CIB to his DD Form 214.  The applicant also states that he received a Purple Heart as a result of his military occupational specialty (MOS) duties in Vietnam.  The applicant further states that he was awarded the CIB and wore it with pride, but he requests that the CIB be annotated on his DD Form 214.

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.  On 16 March 1965, the applicant was inducted in the Army of the United States for a period of 2 years.  His record shows he was trained in, awarded, and served in MOS 11C (Indirect Fire Infantryman).

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 16 December 1965 through 15 December 1966.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour in Vietnam, he was assigned to Company B, 1st Battalion,16th Infantry performing duties in his MOS 11C and 11B.  It also shows he earned "excellent" conduct and efficiency ratings in all of his active duty assignments.

5.  Item 41 (Awards and Decorations) of the DA Form 20 shows the applicant was awarded the CIB by Headquarters, 1st Infantry Division, Special Order Number 82, on 23 March 1966.  Item 41 also shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, and the Vietnam Campaign Medal.   

6.  The applicant's DD Form 214 shows he was released from active duty effective 17 December 1966 with an honorable discharge and transferred to the United States Army Reserve.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the following awards:  the Sharpshooter Marksmanship Qualification Badge (Rifle), the Purple Heart, the Vietnam Service Medal, the Vietnam Campaign Medal, and the National Defense Service Medal.  The CIB was not included in the list of awards listed on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

8.  Review of the applicant's personnel records indicated that he is entitled to additional awards that are not shown on his DD Form 214. 

9.  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.

10.  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.

11.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in Vietnam, he participated in the following three campaign periods:  The Vietnam Counteroffensive, Vietnam Counteroffensive Phase II; and the Vietnam Defense Campaign. 

12.  Army Regulation 600-8-22, in pertinent part, authorizes 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 Vietnam Service Medal.  

13.  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, 1st Battalion, 16th Infantry, 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 CIB was carefully considered and found to have merit.  Special Orders Number 82 awarded the applicant the CIB.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  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
16 March 1965 to 17 December 1966. 

3.  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.

4.  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 26 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 16 March 1965 to 17 December 1966; and


	c.  adding to item 26 of the applicant's DD Form 214 the Good Conduct Medal (first award), Vietnam Service Medal with three bronze service stars, Combat Infantryman Badge, 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)                                         AR20090002393



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ABCMR Record of Proceedings (cont)                                         AR20090002393



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