IN THE CASE OF:	

		BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090012784 


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.

2.  The applicant states his Combat Infantryman Badge is not shown on his DD Form 214.

3.  The applicant provides no additional documentary evidence 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's military records show he was inducted into the Army of the United States on 24 July 1969.  He was awarded the military occupational specialty of light weapons infantryman and was promoted to pay grade E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 5 January 1970 to 24 February 1971.  His DA Form 20 shows he was assigned to Company D, 2nd Battalion, 18th Infantry, 1st Infantry Division, as a rifleman during the period 14 January 1970 to 14 March 1970.  It further shows that he was assigned to Company C, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, as an ammunition bearer during the period 28 March 1970 to 30 October 1970 and to Headquarters and Headquarters Company, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, as an automatic rifleman during the period 31 October 1970 to 19 February 1971.

4.  The applicant's official military personnel file (OMPF) contains Headquarters, Americal Division, Special Orders Number 113 Extract, dated 23 April 1970, awarding the applicant the Combat Infantryman Badge.

5.  The applicant's OMPF contains Headquarters, Americal Division, General Orders Number 8021, dated 5 July 1970, awarding the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force during the period 1 February 1970 to 31 May 1970.

6.  The applicant was honorably released from active duty on 24 February 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) after completing 1 year, 7 months, and 1 day of active service.

7.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

8.  There is no evidence the applicant received the Army Good Conduct Medal.  The applicant received all conduct and efficiency ratings of "excellent" during his service.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who 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.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970), DA Sanctuary Counteroffensive (1 May 1970-30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to the 2nd Battalion, 18th Infantry, 1st Infantry Division, it was cited for award of the Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders (DAGO) Number 53, dated 1970.

12.  Department of the Army Pamphlet 672-3 also shows that at the time of the applicant's assignment to the 2nd Battalion, 1st Infantry, 196th Infantry Brigade, it was cited for award of the RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal.

2.  Special orders awarded the applicant the Combat Infantryman Badge.  Therefore, he is entitled to correction of his DD Form 214 to show the Combat Infantryman Badge.

3.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant had "excellent" conduct and efficiency ratings throughout his service.  Additionally, there is no record of any disqualifying disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal for the period 24 July 1969 to 24 February 1971.

4.  The applicant's records show he was awarded the Vietnam Service Medal and that he participated in three campaigns while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

5.  General Orders awarded the applicant's units the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

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 the applicant the Army Good Conduct Medal for the period 24 July 1969 to 24 February 1971 and

	b.  amending the applicant's DD Form 214 by adding the Army Commendation Medal, Army Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.



      ___________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)                                         AR20090012784



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012784



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1