IN THE CASE OF:	

		BOARD DATE:	 27 MAY 2010 

		DOCKET NUMBER:  AR20090020051 


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 that the Combat Infantryman Badge was left off his 
DD Form 214.

3.  The applicant provides a copy of his DD Form 214 for the period ending
28 March 1969; and a copy of a certificate, dated 21 July 1967, showing award of the Combat Infantryman Badge.

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 records show he enlisted in the Regular Army on 30 March 1966 for a period of 3 years.  He completed the training requirements and he was initially awarded military occupational specialty (MOS) 36K (Field Wireman).  On 1 July 1967, he was awarded primary MOS 11B (Light Weapons Infantryman) and MOS 36K became his secondary MOS.

3.  His records also show he served in the Republic of Vietnam as follows:

	a.  he was assigned to Troop A, 2nd Squadron, 17th Cavalry, 1st Brigade, 101st Airborne Division from on or about 27 October 1966 through 11 December 1967.  He performed the duties of a field wireman from 27 October 1966 to
30 June 1967 and the duties of a rifleman from 1 July to 11 December 1967.

	b.  he was assigned to the Headquarters and Headquarters Company,
2nd Battalion, 505th Infantry Regiment from 14 February through 25 April 1968, performing the duties of a company clerk.

4.  He was honorably released from active duty on 28 March 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  The highest rank/grade he held during his service was specialist four (SP4)/E-4.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Parachutist Badge, and the Army Commendation Medal.  

6.  He submitted a copy of a 1st Brigade, 101st Airborne Division certificate, dated 21 July 1967, that shows he was awarded the Combat Infantryman Badge for active participation in infantry operations against an armed enemy of the United States.

7.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officers 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.

8.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

9.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 143, dated 23 May 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the following:

	a.  During his service with Troop A, 2nd Squadron, 17th Cavalry, his unit was awarded the Valorous Unit Award for service from 17 January 1966 to 25 March 1968, based on Department of the Army General Orders (DAGO) Number 1, dated 1969; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 December 1966 to 18 January 1967, based on DAGO Number 21, dated 1969.

	b.  During his service with the 2nd Battalion, 505th Infantry, his unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 12 March 1968 to 4 October 1968 based on DAGO Number 48, dated 1971.

11.  Appendix B of Army Regulation 600-8-22 shows the applicant participated in the following campaigns:

	a.  During his first period of service in Vietnam, he participated in two campaigns:  Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) and Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968).

	b.  During his second period of service in Vietnam, he participated in two campaigns:  Tet Counteroffensive (30 January 1968 - 1 April 1968) and the Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968).

	c.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  A review of the applicant's service record shows he received nonjudicial punishment (NJP) for misconduct (sleeping on guard) on 5 September 1967 that resulted in a forfeiture of pay and a suspended reduction in rank.  However, there is no other derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of military service.


13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the 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.

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record shows he was awarded and held an infantry MOS on 1 December 1967 while he was assigned to a cavalry squadron that was subordinate to an infantry brigade (1st Brigade) of the 101st Airborne Division; and he submitted a copy of a certificate that shows he was awarded the Combat Infantryman Badge.  There appears to be sufficient evidence to correct his 
DD Form 214 to show award of the Combat Infantryman Badge.

3.  General orders awarded his Vietnam unit the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Citation, during his period of assignment, which are not shown in his records.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence shows he was awarded the Vietnam Service Medal.  Additionally, the available evidence shows he participated in four campaigns during his two tours of service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The available evidence shows he served honorably during the period from 
30 March 1966 through 28 March 1969.  He completed two tours in Vietnam, he received "excellent" conduct and efficiency ratings throughout his period of military service, and he attained the rank/grade of SP4/E-4.  Aside from one minor instance of NJP on 5 September 1967, his record is void of any other derogatory information that would have disqualified him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correction of his records to show this award.


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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 March 1966 through
28 March 1969; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), Combat Infantryman Badge, Vietnam Service Medal with four bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the 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)                                         AR20090020051



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ABCMR Record of Proceedings (cont)                                         AR20090020051



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