IN THE CASE OF:	  

		BOARD DATE:	       27 AUGUST 2009

		DOCKET NUMBER:  AR20090005685 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Air Medal (AM), Army Good Conduct Medal (AGCM), and the Combat Infantryman Badge (CIB).

2.  The applicant states he was told he would be held over to get the record corrected.

3.  The applicant provides his DD Form 214 and his AM award citation.

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's military records show that he enlisted in the Regular Army (RA) on 23 July 1964.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman), he was promoted to pay grade E-4, and he served in Vietnam from 13 December 1965 through 17 December 1966.

3.  While in Vietnam he served with Battery B, 2nd Battalion, 19th Artillery, 1st Cavalry Division in duty MOS 13A1P as an ammunition handler and then in duty MOS 45E2P as an artillery mechanic.  He received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is also no evidence of disciplinary action being taken against him or any accrued lost time.

4.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 4154 awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period
23 December 1965 to 10 November 1966.

5.  The applicant was honorably released from active duty on 21 July 1967, having served 2 years, 11 months, and 29 days of creditable active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the AM, AGCM, or CIB.  It does show he was awarded the Parachutist Badge, Armed Forces Expeditionary Medal, Vietnam Service Medal, Vietnam Campaign Medal, and National Defense Service Medal.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows the pertinent identified campaign periods for which a bronze service star is authorized for each campaign for wear on the Vietnam Service Medal.  During the applicant's period of service in Vietnam he was credited with the Vietnam Defense Campaign (8 March 1965 through
24 December 1965); Vietnam Counteroffensive (25 December 1965 through
30 June 1966); and Counteroffensive, Phase III (1 July 1966 through 29 January 1968).

7.  Department of the Army General Orders Number 8, dated 1974, awarded all units assigned to the U.S. Army Vietnam from 8 February 1962 through
28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

9.  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.  Additionally, Appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the AM.  Therefore, his records should be corrected to show this award.

2.  The applicant's conduct and efficiency were always rated as "excellent" and there is no evidence or any disciplinary actions being taken against the applicant or any lost time.  As such, it would appear that the applicant was inadvertently not awarded the AGCM.  Therefore, it would now be appropriate to award him the AGCM and correct his records to show this award.

3.  Although the applicant held MOS 11B, during his tour of duty in Vietnam he was assigned to an artillery unit and he served in MOS 13A as an ammunition handler and in MOS 45E as an artillery mechanic.  As such, he did not meet the eligibility criteria for award of the CIB.  Therefore, there is no basis for granting the applicant's requested relief on this issue.

4.  Based on the applicant's service in Vietnam, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 3 bronze service stars for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 for the period
23 July 1964 to 21 July 1967; and

	c.  adding to item 24 of the applicant's DD Form 214 the Air Medal, Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the CIB.



      _________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)                                         AR20090005685



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ABCMR Record of Proceedings (cont)                                         AR20090005685



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