IN THE CASE OF:	  

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090017030 


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 add the Army Commendation Medal with "V" Device and the Combat Infantryman Badge.

2.  The applicant states these two awards were not added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and General Orders Number 1948, dated 27 June 1967.

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 26 April 1966 and he completed his training as a light weapons infantryman.  He was transferred to Vietnam on 13 December 1966 and assigned to Company B, 4th Battalion, 39th Infantry Regiment, 9th Infantry Division.

3.  Special Orders Number 46, published by Headquarters, 9th Infantry Division on 15 February 1967 awarded him the Combat Infantryman Badge.

4.  On 13 May 1967, the applicant was transferred to Company B, 1st Battalion, 22 Infantry Regiment, 4th Infantry Division.  His records show he received "excellent" conduct and efficiency ratings throughout his service.

5.  General Orders Number 1948, published by Headquarters, 9th Infantry Division on 27 June 1967 awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 3 February 1967.

6.  The applicant returned to the Continental United States on 12 December 1967.  He was honorably released from active duty on 25 April 1968 and Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal with one bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  While in Vietnam, the applicant participated in the following campaigns:

* Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967
* Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968

8.  The applicant's records contain no derogatory information that would have disqualified him from being awarded the Army Good Conduct Medal.

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

10.  Army Regulation 600-8-22 (Military Awards) provides for award of one bronze service star to be worn on the appropriate service medal for each campaign participation.  

11.  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 cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by Department of the Army General Order (DAGO) Number 54, dated 1974 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were considered and determined to have merit.

2.  Records show that Special Orders Number 46 were published on 15 February 1967 awarding him the Combat Infantryman Badge, and General Orders Number 1946 were published on 27 June 1967 awarding him the Army Commendation Medal with "V" Device.

3.  Based on his overall record of service, he meets the criteria contained in Army Regulation 672-5-1 for the first award of the Army Good Conduct Medal.

4.  The applicant's records show that he is also authorized the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Two bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Device (1960) to be affixed to his already-awarded Republic of Vietnam Campaign Medal

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 (first award) for exemplary service from 26 April 1966 through 25 April 1968,

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Campaign Medal, and

	c.  adding to item 24 of his DD Form 214 the following awards:

* Army Commendation Medal with "V" Device
* Combat Infantryman Badge
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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)                                         AR20090017030



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017030



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1