IN THE CASE OF:	  

		BOARD DATE:	        29 September 2009

		DOCKET NUMBER:  AR20090006941 


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 add the Army Commendation Medal (ARCOM) and the Combat Infantryman Badge (CIB).

2.  The applicant states that he received the orders and certificate for his ARCOM after he was released from active duty.  As for the CIB, he was awarded the military occupational specialty (MOS) of infantryman and held that MOS until he was promoted to pay grade E-4.  At that time the only position which they could promote him in was a generator mechanic position.  However, he never performed duties as a generator mechanic.

3.  The applicant provides his ARCOM orders, certificate, and citation.  He also submits his certificate of training for infantry advanced individual training 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's military records show that he was inducted in the Army of the United States on 2 October 1967 and he was awarded the MOS of infantryman and power generator equipment operator/mechanic.  He was also promoted to pay grade E-4. 

3.  He was initially assigned to Vietnam on 26 March 1968.  He was assigned as a rifleman with Company B, 2nd Battalion, 2nd Infantry, 1st Infantry Division from 5 to 21 April 1968.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 2nd Infantry, 1st Infantry Division from 22 April to 
21 September 1968; and then to Company D, 2nd Battalion, 2nd Infantry, 1st Infantry Division from 22 September 1968 to 8 February 1969 as a powerman.  He departed Vietnam on 9 February 1969.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant's conduct and efficiency were always rated as "excellent."  There is no evidence that any disciplinary action was ever taken against the applicant.

4.  He was honorably released from active duty on 21 March 1969 due to hardship.  The DD Form 214 he was issued shows he completed 1 year, 
5 months, and 20 days of active military service.  He was also awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

5.  The applicant was awarded the ARCOM by General Orders Number 1821, dated 11 March 1969.

6.  The applicant's records do not contain any evidence that he was awarded the CIB.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the CIB or any other award besides the ARCOM.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for a period which included the dates the applicant was assigned to that unit.  That publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are:  Tet 
(30 January 1968 through 1 April 1968); Counteroffensive, Phase IV (2 April 1968 through 30 June 1968); Counteroffensive, Phase V (1 July 1968 through 1 November 1968); and Counteroffensive, Phase VI (2 November 1968 through 22 February 1969).

9.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

10.  Army Regulation 600-8-22 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 military occupational specialty (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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM by general orders.  As such, it would now be appropriate to add this decoration to his DD Form 214.  

2.  The applicant had all "excellent" conduct and efficiency ratings and he has no record of any misconduct.  Therefore, it must be presumed that the applicant was inadvertently not awarded the Army Good Conduct Medal because he was separated early due to hardship.  Since the preponderance of evidence shows he was entitled to the Army Good Conduct Medal, it would be proper and just to correct his records to award him the Army Good Conduct Medal and add it to his DD Form 214.


3.  The applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and four bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  Unfortunately, there are no orders contained in the applicant's records or ADCARS awarding the applicant the CIB.  The applicant's contention that he never served as a powerman has been considered.  However, the applicant's records show he served all but 17 days as a powerman.  There is also no evidence that show he fought in active ground combat; therefore, the available evidence is insufficient to award him the CIB. 

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 the period 2 October 1967 to 21 March 1969; and 

	b.  amending his DD Form 214 to add the Army Good Conduct Medal; ARCOM; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and 4 bronze service stars for wear on his already-awarded Vietnam Service Medal.







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 CIB.  



      _______ _   _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)                                         AR20090006941



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006941



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1