BOARD DATE:	  March 2, 2010

		DOCKET NUMBER:  AR20090015825 


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 award of the Combat Infantryman Badge (CIB) and any other awards to which he may be entitled.

2.  The applicant states that he was an infantryman assigned as a forward observer (FO) with an artillery unit in Vietnam.  He goes on to state that he never gave up his military occupational specialty (MOS) and that he performed his FO duties for infantry units.  He also desires to be awarded all awards to which he is entitled.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 was inducted into the Army of the United States on 8 November 1968.  He completed his basic training at Fort Bliss, TX and his advanced individual training as a light weapons infantryman at Fort Ord, CA, before being transferred to Fort Benning, GA to attend the Noncommissioned Officer (NCO) Candidate School.  He completed the course and he was promoted to the rank/grade of sergeant (SGT)/E-5 on 8 July 1969.  He was transferred to Fort Polk, LA and he remained there until 27 October 1969, when he was transferred to Vietnam for assignment with the 1st Battalion, 12th Artillery Regiment,
1st Cavalry Division.

3.  He departed Vietnam on 13 August 1970 and he was transferred to Oakland Army Base, CA where he was honorably released from active duty (REFRAD) on 13 August 1970 as an overseas returnee.  He had served 1 year, 9 months, and 6 days of total active service.

4.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  A review of the applicant’s official records show that he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that could serve to disqualify him for the first award of the Army Good Conduct Medal.

6.  There is no information in the available records to show that he ever served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

8.  Army Regulation 600-8-22 establishes the criteria for award of the Army Good Conduct Medal.  It states, in pertinent part, that the Army Good Conduct Medal was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the Army Good conduct 
Medal.  The regulation outlines the criteria for award of the Army Good Conduct Medal and provides, in pertinent part, that the Army Good Conduct Medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each Soldier who distinguishes him or herself from among their fellow Soldiers by their exemplary conduct, efficiency, and fidelity throughout their service.  

9.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam he participated in the Vietnam Summer-Fall 1969 (9 June 1969 -
31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970), Sanctuary Counteroffensive (1 May 19970 - 30 June 1970), and the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) campaigns.

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 unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award for the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the CIB has been noted; however, there is no evidence in the available records to show that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size while in Vietnam.  Therefore, absent such evidence, there appears to be no basis to award him the CIB.

2.  However, the applicant’s records contain no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.  Therefore, it must be presumed that the failure to award him the Army Good Conduct Medal was the result of an administrative error.  Therefore, it would be in the interest of justice to award him the Army Good Conduct Medal for the period 8 November 1968 to 13 August 1970.

3.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award subsequent to his REFRAD.  Additionally, he participated in four campaigns in Vietnam and he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Accordingly, he is entitled to have these awards and correction of his records to show these awards.

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
8 November 1968 to 13 August 1970; and

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (first award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.

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.




3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20090015825



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ABCMR Record of Proceedings (cont)                                         AR20090015825



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