IN THE CASE OF:	

		BOARD DATE:	 22 September 2009   

		DOCKET NUMBER:  AR20090006898 


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 (Report of Transfer or Discharge) to show award of the Bronze Star Medal and the Combat Infantryman Badge.

2.  The applicant states, in effect, that he received the Bronze Star Medal and it is not reflected on his DD Form 214.  He believes it was a clerical error.  He also contends that his DD Form 214 does not mention, nor did he receive, the Combat Infantryman Badge.    

3.  The applicant provides orders for the Bronze Star Medal and a copy of his DD Form 214 in support of his 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 enlisted in the Regular Army (RA) on 23 December 1968 for a period of 2 years.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman) and later MOS 11F (infantry operation and intelligence specialist).  He arrived in Vietnam on 17 December 1969.  He served in MOS 11F assigned to Company E, 3rd Battalion, 1st Infantry in Vietnam from 
3 January 1970 through 17 January 1970.  He served in MOS 11F assigned to Headquarters and Headquarters Company (HHC), 3rd Battalion, 1st Infantry in Vietnam from 18 January 1970 through 21 September 1970.  On 21 September 1970, he was released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 1 year, 8 months, and 29 days of creditable active service with no time lost.

3.  Item 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, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two awards of the Overseas Service Bar, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards  

4.  Headquarters, Americal Division, General Orders Number 11714, dated 
2 September 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period October 1969 - October 1970.

5.  There are no orders for the Combat Infantryman Badge in the available documents.  

6.  Records show the applicant participated in three campaigns during his assignment in Vietnam. 

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received "excellent" conduct and efficiency ratings throughout his service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

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 USARV 672-1 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.

10.  Army Regulation 672-5-1 (Decorations and 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  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 appropriate service medal, including the Vietnam Service Medal.  During the applicant's service in Vietnam he was credited with participating in the following campaigns:  Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970); Sanctuary Counteroffensive (1 May 1970 – 30 June 1970); and Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971).




DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Although the evidence of record shows the applicant held an infantry MOS and he served in an infantry MOS while assigned to an infantry unit in Vietnam, there are no orders for the Combat Infantryman Badge.  In addition, there is no evidence of record which shows he served in active ground combat while assigned to an infantry unit of brigade or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  The applicant was released from active duty in the rank/grade of SGT/E-5 with 30 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 23 December 1968 through 21 September 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) and correction of his records to show this award.

4.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show three bronze service stars on his already-awarded Vietnam Service Medal.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  Therefore, it would be appropriate to correct his records to show this award.
 
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 his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for the period 
23 December 1968 through 21 September 1970; and

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (first award), 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 Combat Infantryman Badge.



      ___________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)                                         AR20090006898



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ABCMR Record of Proceedings (cont)                                         AR20090006898



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