BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090010204 


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 Combat Infantryman Badge (CIB).

2.  The applicant states that the CIB is not listed on his DD Form 214 and requests that a DD Form 215 (Correction to DD Form 214) be issued adding the CIB.

3.  The applicant provides copies of his DD Form 214, DA Form 20 (Enlisted Qualification Record), and a National Personnel Records Center (NPRC) letter 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's record shows he was inducted into the Army of the United States and entered active duty on 22 September 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  The applicant's DA Form 20 shows he served in the Republic of Vietnam (RVN) from 24 March 1968 through 2 March 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company B, 1st Battalion (Airborne), 506th Infantry Regiment, performing duties in MOS 11B as a light weapons infantryman.  Item 38 also shows he received "excellent" conduct and efficiency ratings during all of his active duty assignments.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that during his active duty tenure he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), Army Commendation Medal (ARCOM), Air Medal (AM), CIB, Marksman Marksmanship Qualification Badge with Rifle (M-14 and 
M-16) and Machinegun (M-60) Bars, and two overseas service bars.

5.  The applicant's official military personnel file (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).

6.  On 19 September 1969, the applicant was honorably released from active duty after completing a total of 1 year, 11 months, and 28 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the NDSM, VSM with two bronze service stars, RVNCM with Device (1960), ARCOM, AM, Marksman Marksmanship Qualification Badge with Rifle (M-14 and M-16) and Machinegun (M-60) Bars, and two overseas service bars.

7.  The applicant provides an NPRC letter, dated 16 April 2008, which is also on file in his OMPF and shows that he was issued the following earned awards:  AM; ARCOM; NDSM; VSM with two bronze service stars; CIB; RVNCM with Device (1960); Marksman Marksmanship Qualification Badge with Rifle, Automatic Rifle, and Machinegun Bars; and two overseas service bars.

8.  During the processing of this case, a member of the Board staff reviewed the historical records of the applicant's unit (Company B, 1st Battalion (Airborne), 506th Infantry Regiment) in the RVN.  These records show that during the applicant's tenure of assignment, his unit was continuously engaged in air and ground combat.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each RVN campaign a member is credited with participating in.  It further states that a silver service star is worn in lieu of five bronze service stars to denote participation in five campaigns.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following campaigns:  Tet Counteroffensive (30 January 1968 through 1 April 1968), Vietnam Counteroffensive Phase IV (2 April 1968 through 30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968 through 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 through 22 February 1969), and Tet 69 Counteroffensive 1969 (23 February 1969 through 8 June 1969).

10.  Chapter 8 of Army Regulation 600-8-22 contains guidance on award of combat badges.  It states, in pertinent part, that the CIB 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant's unit (1st Battalion, 506th Infantry Regiment) earned the Valorous Unit Award (VUA) for the period 13 June 1968 through 23 September 1968, Meritorious Unit Commendation (MUC) for the period 14 March 1968 through 3 October 1968, RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969, and RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 through 2 May 1970.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the CIB should be added to the list of awards in item 24 of his DD Form 214 was carefully considered and found to have merit. 
The evidence of record shows that during his RVN tour, he served in a qualifying infantry MOS and in qualifying infantry unit.  Furthermore, the applicant's DA Form 20 shows he was awarded the CIB and the historical records of the unit confirm the unit he was assigned to was continuously involved in combat actions against enemy forces during the applicant's tenure of assignment and earned the VUA and MUC during this period.  In view of the facts of this case, it is concluded that the regulatory burden of proof necessary to support adding the CIB to the applicant's DD Form 214 has been satisfied.

2.  The applicant's record also confirm he received "excellent" conduct and efficiency ratings during all of his active duty assignments and his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active service from 22 September 1967 through 19 September 1969.

3.  The evidence of record further confirms that based on his service and campaign participation in the RVN, the applicant is also eligible for the VUA, MUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and one silver service star to be worn with his VSM.  Thus, these awards should also be added to his record and DD Form 214 at this time.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 AGCM for his qualifying period of honorable active duty service from 22 September 1967 through 19 September 1969;

	b.  adding the CIB, AGCM, one silver service star to be worn with his already-awarded VSM, VUA, MUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214; and

	c.  providing him a correction to his DD Form 214 that reflects these changes.



      ____________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)                                         AR20090010204



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ABCMR Record of Proceedings (cont)                                         AR20090010204



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