IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090011200 


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 award of the Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), Expert Marksmanship Qualification Badge with Pistol Bar, and the "Sharpshooter Badge."

2.  The applicant states he served in Vietnam for 4 1/2 months and he was an 11B Rifleman for the entire period.  He continues that through his duties associated with his military occupational specialty (MOS), he and his unit engaged the enemy on a number of occasions.  He adds that he was aware things were missing from his DD Form 214, but he was not sure how things were done.

3.  The applicant provides a copy of his DD Form 214, a copy of his DA Form 20 (Enlisted Qualification Record), and a copy of the orders for the ARCOM in support of this 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 26 January 1970 and upon completion of initial entry training was awarded MOS 11B (Light Weapons Infantryman).  He served in Vietnam from 18 June 1970 to 26 October 1970 and he was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airmobile), 506th Infantry.  He was released from active duty on 26 November 1971 after completing 1 year and 10 months of active duty service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency rating through his tenure of service.  There is also no record of any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal in the available records.

5.  There is no entry in Item 41 (Awards and Decorations) of his DA Form 20 showing he was awarded the CIB.

6.  There are no orders in the applicant's military records awarding him the CIB.

7.  Item 41 of the applicant's DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber pistol), Sharpshooter Marksmanship Qualification Badge with Grenade Bar (M-79 Grenade Launcher), and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-16 Machine Gun).  These badges are not shown on the applicant's DD Form 214.

8.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 15292, dated 30 December 1970, awarded the applicant the ARCOM for meritorious achievement during the period 1 July 1970 to 30 November 1970.


10.  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.  

11.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed 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.  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 are not disqualifying.  

12.  Appendix B of Army Regulation 600-8-22 shows the campaigns for the Vietnam conflict.  During the applicant's tour in Vietnam he participated in two campaigns:  Sanctuary Counteroffensive (1 May 1970 – 30 June 1970) and Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971).  This same regulation states that a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in an infantry MOS and in an infantry unit in Vietnam; however, the evidence does not confirm that he was personally present and participated in active ground combat operations while assigned or attached to this infantry unit.  His records also do not show he received any awards for valor or achievement that would give an indication he was exposed to active ground combat against the enemy.  Therefore, in the absence of evidence to show otherwise, there is no basis to award him the CIB at this time.

2.  The applicant's DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  Therefore, he is entitled to have his records corrected to show these qualification badges.
3.  General orders show the applicant was awarded the ARCOM.  Therefore, he is entitled to have his records corrected to show this award.

4.  There is no evidence the applicant received the first award of the Army Good Conduct Medal for his period of service from 26 January 1970 to 26 November 1971.  His records do not contain any adverse information and his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) and correction of his records to show this award.

5.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns phases while serving in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  Based on Department of the Army General Orders Number 8, dated 1974, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this unit 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
26 January 1970 to 26 November 1971; and 

	c.  adding to item 24 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal (first award), Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar, Sharpshooter Marksmanship Qualification Badge with Grenade (M-79 Grenade Launcher) Bar, and the Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60 Machine Gun) 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 award of the CIB and its addition to 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)                                         AR20090011200



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ABCMR Record of Proceedings (cont)                                         AR20090011200



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