IN THE CASE OF:	  

		BOARD DATE:	  15 September 2009

		DOCKET NUMBER:  AR20090006098 


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 Bronze Star Medal, Army Good Conduct Medal, and Combat Infantryman Badge.

2.  The applicant states he was awarded the Bronze Star Medal while serving with the 1st Infantry Division and the Combat Infantryman Badge while serving with the 5th Infantry Division (Mechanized).

3.  The applicant provides a copy of his DD Form 214 for the period 18 January 1967 through 21 August 1969.  The following awards are listed:  National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), three overseas service bars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

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 enlisted in the Regular Army for 3 years on 18 January 1967.  He completed basic combat and advanced individual training at Fort Lewis, WA, after which he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).

3.  The applicant received orders assigning him to Vietnam and departed Fort Lewis on 20 December 1967 with leave en route to Vietnam.  He arrived in Vietnam on or about 24 January 1968 and was assigned to the Mortar Platoon, Company E, 1st Battalion, 18th Infantry Regiment, 1st Infantry Division.  He served with this unit for 1 year as a forward observer until he was reassigned to Headquarters and Headquarters Company, 1st Battalion, 61st Infantry, 5th Infantry Division (Mechanized), for duty as a squad leader.

4.  The applicant departed Vietnam on or about 19 August 1969 en route to the Separation and Transfer Point at Fort Lewis.  He was honorably separated on 21 August 1969.

5.  The applicant's records contain a DA Form 20 (Enlisted Qualification Record).  This document shows in item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant's DA Form 20 lists in item 38 (Record of Assignments) all of the applicant's conduct and efficiency ratings during his active service.  This form shows the applicant received uniformly "excellent" ratings throughout his service.  This form also contains no information to show the applicant was ever convicted by a court-martial.

7.  The applicant's records contain a memorandum from Department of the Army, Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 28 April 1971.  The memorandum is addressed to the Commanding General, 6th United States Army, and it forwards the Bronze Star Medal awarded to the applicant by General Orders Number 2143, Headquarters, XXIV Corps, Vietnam, dated 30 November 1969.

8.  There are no orders in the applicant's records showing he was awarded the Combat Infantryman Badge.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any award of the Combat Infantryman Badge orders on file for the applicant.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards to include the Army Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part:

	a.  during Vietnam, the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying; 

	b.  the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel 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.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H; and

	c.  for award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate service medal.  A single silver service star denotes five campaigns.  Between January 1968 and August 1969 there were six campaigns; therefore, the applicant is entitled to wear one silver service star and one bronze service star on his already-awarded Vietnam Service Medal.

10.  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 12 June 1965 to 16 October 1968 by Department of the Army General Order Number 21, dated 1969.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 to 7 April 1970 by Department of the Army General Order Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Bronze star Medal, Army Good Conduct Medal, and Combat Infantryman Badge be added to his DD Form 214.

2.  Regarding the Bronze Star Medal, evidence contained in the applicant's official records shows he was awarded the Bronze Star Medal by General Orders Number 2143, Headquarters, XXIV Corps, Vietnam, dated 30 November 1969.  Therefore, the Bronze Star Medal should be added to his DD Form 214.

3.  Regarding the Army Good Conduct Medal, the applicant served on active duty from 18 January 1967 through 21 August 1969 and received uniformly "excellent" conduct and efficiency ratings and no court-martial convictions.  Therefore, the Army Good Conduct Medal should be awarded and added to his DD Form 214.

4.  Regarding the Combat Infantryman Badge, there are no orders awarding this badge to the applicant.  The record proves the applicant was an infantryman and was assigned to infantry units in Vietnam; however, from the record, it cannot be conclusively determined that he served in active ground combat.  Absent this requirement, the Board cannot recommend this correction.

5.  The applicant participated in six campaigns and is entitled to wear one silver service star and one bronze service star on his Vietnam Service Medal.

6.  The applicant served in a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these foreign unit awards should be added to his DD Form 214.

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.  awarding him the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 18 January 1967 through 21 August 1969;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding the Bronze Star Medal, Army Good Conduct Medal, Vietnam Service Medal with one silver and one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

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 the Combat Infantryman Badge.

3.  The Board wants the applicant and all others concerned to know that this action regarding the Combat Infantryman Badge in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20090006098



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ABCMR Record of Proceedings (cont)                                         AR20090006098



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