IN THE CASE OF:	  

		BOARD DATE:	  2 February 2010

		DOCKET NUMBER:  AR20090013998 


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.  He further requests that the badge with a certificate be sent to him.

2.  The applicant states that he was awarded the Combat Infantryman Badge but the paperwork was not processed prior to his discharge.

3.  The applicant provides no additional documentation 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 requests issuance of a certificate showing award of the Combat Infantryman Badge.  Army Regulation 600-8-22 (Military Awards) provides that permanent awards of badges will be announced in permanent orders.  There are no provisions authorizing issuance of a certificate for badges.  Based on the information provided, the applicant’s issue of a certificate for his Combat Infantryman Badge will not be discussed further in this proceeding.

3.  On 15 April 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  Special Orders Number 176, United States Army Training Center, Fort Dix, New Jersey, dated 18 August 1969, announced the applicant's marksmanship qualification as a sharpshooter with the M-16 rifle and as 1st class [sharpshooter] with the M-60 machine gun.

5.  On 23 August 1969, the applicant departed Fort Dix for duty in the Republic of Vietnam.  He arrived in the combat theater on or about 21 October 1969.

6.  On 1 December 1969, the applicant was assigned for duty as a rifleman with B Company, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division.  He was subsequently reassigned within his unit to duties as an automatic rifleman and an ammunition bearer.

7.  Special Orders Number 36, 1st Cavalry Division, dated 5 February 1970, awarded the applicant the Combat Infantryman Badge.

8.  General Orders Number 7714, 1st Cavalry Division, dated 13 May 1970, awarded the applicant the Air Medal for meritorious achievement during the period from November 1969 to May 1970.

9.  On or about 6 November 1970, the applicant returned to the United States.

10.  On 10 November 1970, the applicant was released from active duty and was transferred to the United States Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4 and had completed 
1 year, 6 months and 26 days of creditable active duty.

11.  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, Vietnam Service Medal, Vietnam Campaign Medal, and the Army Commendation Medal.  

12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

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 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.  

15.  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 following five campaign periods: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 7th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1972, for award of the Valorous Unit Award; in DAGO Number 11, dated in 1973, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; in DAGO Number 42, dated in 1972, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.

2.  Special orders show that the applicant qualified for and was awarded the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars.  
3.  General orders show that the applicant was awarded the Air Medal. 

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his already-awarded Vietnam Service Medal.

6.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  

7.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  

8.  The above authorized awards should be shown on his DD Form 214.

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 Army Good Conduct Medal for the period 15 April 1969 to 10 November 1970; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Air Medal, Valorous Unit Award, Army Good Conduct Medal, a silver service star to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars.




      _______ _   _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)                                         AR20090013998





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ABCMR Record of Proceedings (cont)                                         AR20090013998



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