BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090010108 


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 his permanent rank of first lieutenant and to add his awards of the Bronze Star Medal, Army Good Conduct Medal, and Combat Infantryman Badge.

2.  The applicant states that his DD Form 214 does not show these entries.

3.  The applicant provides copies of his DD Form 214, item 18 (Record of Assignments) of his DA Form 66 (Officer Qualification Record); Bronze Star Medal orders, certificate, citation, and related documents; promotion orders for first lieutenant; separation orders; two Honorable Discharge Certificates, a letter of commendation; two after action reports; and a letter from the National Personnel Records Center with enclosure 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.  On 31 July 1969, the applicant was appointed as a second lieutenant, Infantry, U.S. Army Reserve.  He was ordered to active duty effective 23 June 1970 and assigned for duty at Fort Benning, Georgia, to attend the Officer Basic Course.

3.  On 9 September 1970, the applicant was assigned for duty at Fort Campbell, Kentucky, where he performed duty as a training officer.

4.  Special Orders Number 348, U.S. Army Training Center and Fort Campbell, Kentucky, dated 15 December 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  On 24 May 1971, the applicant departed Fort Campbell for duty in the Republic of Vietnam.  On 7 July 1971, he was assigned for duty as a platoon leader with Company E, 50th Infantry Regiment.

6.  On 6  November 1971, the applicant was reassigned for duty as a platoon leader with the 572nd Transportation Company.

7.  On 4 December 1971, the applicant was promoted to first lieutenant, pay grade O-2.  [This was a temporary Army of the United States promotion.]

8.  On 21 January 1972, the applicant returned to Fort Lewis, Washington, for separation processing.

9.  On 28 January 1972, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of first lieutenant, pay grade O-2, and had completed 1 year, 7 months, and 6 days of creditable active duty.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal.

11.  The applicant was permanently appointed as a first lieutenant, U.S. Army Reserve, effective 29 January 1972.

12.  General Orders Number 81, U.S. Army Support Command, dated 31 January 1972, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during his service in the Republic of Vietnam.

13.  The applicant provided a letter from the National Personnel Records Center, St. Louis, Missouri, dated 3 June 2009.  The attached authorization for issuance of awards indicates that the applicant was authorized the Bronze Star Medal, Army Good Conduct Medal, National Defense Service Medal, Combat Infantryman Badge, and Republic of Vietnam Campaign Medal with Device (1960).

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had 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 school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

15.  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 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.

16.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

17.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Consolidation I campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

18.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

19.  Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service.  It provides a brief, clear-cut record of active duty at the time of release from active duty, retirement, or discharge.  It is not intended to have any legal effect on termination of a Soldier's service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his permanent rank for first lieutenant and award of the Bronze Star Medal, Army Good Conduct Medal, and Combat Infantryman Badge.

2.  General orders show that the applicant was awarded the Bronze Star Medal.  Therefore, his records should be corrected to show this award.

3.  Special orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

4.  Records show that the applicant participated in one campaign period during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one bronze service star to be affixed to his Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  The evidence clearly shows that the applicant was an infantry officer and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  However, it does not sufficiently show that he ever engaged in active ground combat.  Notwithstanding the information provided by the National Personnel Records Center, the applicant's request for award of the Combat Infantryman Badge should not be granted.

7.  The applicant did not serve a qualifying period of service as an enlisted Soldier for award of the Army Good Conduct Medal.  Notwithstanding the information provided by the National Personnel Records Center, the applicant should not be awarded this medal.

8.  The applicant was released from active duty on 28 January 1972.  His permanent date of rank for first lieutenant was established as 29 January 1972, which is after the effective date of the DD Form 214.  Therefore, this information should not be entered on 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.  deleting from Item 24 of his DD Form 214 his awards; and

	b.  adding in Item 24 of his DD Form 214:  National Defense Service Medal, Bronze Star Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Expert Marksmanship Qualification Badge with Rifle Bar.



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 recording his permanent date of rank for first lieutenant and awards of the Army Good Conduct Medal and Combat Infantryman Badge on his DD Form 214.



      ____________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)                                         AR20090010108



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ABCMR Record of Proceedings (cont)                                         AR20090010108



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