IN THE CASE OF:	

		BOARD DATE:	  2 February 2010

		DOCKET NUMBER:  AR20090013339 


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 (Report of Transfer or Discharge) to show the Good Conduct Medal, the Bronze Star Medal, the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Combat Infantryman Badge.  He also requests all awards and decorations to which he may be entitled for his service in Vietnam.   

2.  The applicant states these awards were left off of his DD Form 214 when he left the Army and Vietnam.

3.  The applicant provides a copy of his DD Form 214; a letter, dated 22 May 2009, from the National Personnel Records Center in St. Louis, Missouri; a copy of his DA Form 20 (Enlisted Qualification Record); orders for the Sharpshooter Marksmanship Qualification Badge with Carbine Bar and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); orders and an award certificate for the Air Medal; and orders and an award certificate for the Bronze Star Medal 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 enlisted in the Regular Army on 7 June 1965 for a period of 
3 years.  He was awarded military occupational specialty (MOS) 71B (clerk typist).  He arrived in Vietnam on 25 April 1966.  He served in MOS 71B assigned to Company A, 1st Aviation Battalion, 1st Infantry Division in Vietnam from 1 May 1966 through 23 November 1966.  He was awarded primary MOS 11B (light weapons infantryman) effective 1 December 1966.  He served in MOS 11B assigned to Company A, 1st Aviation Battalion, 1st Infantry Division in Vietnam from 24 November 1966 through 22 April 1967.  On 6 June 1968, the applicant was released from active duty in the rank of sergeant after completing 3 years of creditable active service with no time lost.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), one award of the Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

5.  Headquarters, 4th Missile Battalion (Nike-Hercules), 61st Artillery Special Orders Number 187, dated 21 October 1965, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.

6.  Headquarters, 4th Missile Battalion (Nike-Hercules), 61st Artillery Special Orders Number 48, dated 10 March 1966, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  Headquarters, 1st Infantry Division General Orders Number 1841, dated 
24 March 1967, show the applicant received the Air Medal.

8.  Headquarters, 1st Infantry Division General Orders Number 2291, dated 
11 April 1967, show the applicant received the Bronze Star Medal.

9.  There are no orders for the Combat Infantryman Badge in the available records.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit at the time of his assignment was awarded of the Meritorious Unit Commendation for actions during the period October 1965 to September 1966 based on Department of the Army General Orders (DAGO) Number 17, dated 1966.  

11.  Department of the Army Pamphlet 672-3 shows the applicant's unit at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 12, dated 1969.  

12.  Department of the Army Pamphlet 672-3 also shows the applicant's unit at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970.  

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

14.  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.  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 released from active duty in the rank of sergeant after completing 3 years of honorable active service with no time lost and no record of any disciplinary actions taken against him.  Therefore, it appears he met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 7 June 1965 through 6 June 1968.  

2.  Orders show the applicant received the Bronze Star Medal and the Air Medal.  Therefore, his DD Form 214 should be corrected to show these medals. 

3.  The applicant's unit was cited for award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Orders show the applicant received the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges. 

5.  Although the evidence of record shows the applicant held and served in an infantry MOS in Vietnam, there is no evidence of record which shows he served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  In addition, there are no orders for the Combat Infantryman Badge.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

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 first award of the Good Conduct Medal for the period 
7 June 1965 through 6 June 1968; and

	b.  adding the Good Conduct Medal, the Bronze Star Medal, the Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar on his DD Form 214.

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 Combat Infantryman Badge.  




      _______ _  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)                                         AR20090013339





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ABCMR Record of Proceedings (cont)                                         AR20090013339



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