IN THE CASE OF:	  

		BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090020514 


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 the following:

* Award of the Combat Infantryman Badge (CIB)
* Rank as sergeant (SGT)

2.  The applicant states his record should be updated to show the CIB and that he was discharged as a SGT in military occupational specialty (MOS) 11B2O (light weapons infantryman).  

3.  The applicant provides the following documents in support of his application:

* Discharge orders from the US Army Reserve dated 23 November 1977
* Special Orders Number 212 dated 5 August 1972
* DD Form 214

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 21 December 1971.  He completed the required training and was awarded MOS 11B.  He was assigned to Vietnam on 22 May 1972.  He was promoted to specialist four (SP4) on 22 August 1972.  

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to the following units in Vietnam:

* Company C, 1st Battalion, 7th Cavalry (29 May to 4 August 1972)
* Company E, 14th Infantry (5 August to 14 November 1972)
* Troop H, 10th Air Cavalry Squadron (15 November 1972 to 1 February 
   1973) 

4.  Special Orders Number 212, dated 5 August 1972, show the applicant was awarded the CIB.  

5.  He departed Vietnam on 4 February 1973 and was credited with participation in the Vietnam Ceasefire Campaign.  

6.  Special Orders Number 142, dated 22 June 1973, show the applicant was released from active duty effective 29 June 1973 and assigned to the U.S. Army Reserve on the following day.  On the standard name line, the applicant’s rank is shown as SP4.

7.  At the time of separation, he had completed 1 year, 6 months, and 9 days of active military service with no lost time.

8.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.  His service record shows he received one nonjudicial punishment under Article 15, Uniform Code of Military Justice, for breaking restriction and failing to obey a lawful general regulation.

9.  His DD Form 214 shows entitlement to the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device 1960
* One Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* First Class Marksmanship Badge with Machine Gun Bar

10.  Item 5a (Grade, Rate or Rank) on his DD Form 214 shows the entry SP4 and item 5b (Pay Grade) shows his pay grade as E-4.  His date of rank is shown as 22 August 1972.

11.  Orders published on 23 November 1977 show the applicant was discharged from the Standby Reserve on 20 December 1977.  His rank is shown as SGT on the standard name line.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to the 1st Battalion, 7th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 54, dated 1972.

13.  Army Regulation 635-5 (Separation Documents) established standardized policy for the preparation of the DD Form 214.  It stated that the grade in which enlisted personnel served at the time of separation, indicating whether permanent or temporary, would be entered in item 5a and pay grade in item 5b on the DD Form 214.  

14.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, which includes the Vietnam Service Medal.

15.  Army Regulation 672-5-1 (Military Awards) 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.






DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the CIB during his tour in Vietnam.  Therefore, the CIB should be added to his DD Form 214.  

2.  A review of the applicant's records show he is entitled to additional awards that are not shown on his DD Form 214.

3.  It appears the applicant met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period of service from 21 December 1971 through 29 June 1973.  Although his service records show he received one Article 15, he received "excellent" conduct and efficiency ratings throughout his service and he was promoted to SP4 during this period.  Therefore, he should be awarded the Army Good Conduct Medal (First Award) and he is entitled to correction of his DD Form 214 to show this medal.

4.  The applicant was assigned to the 1st Battalion, 7th Cavalry during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should be added to his DD Form 214.

5.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in one campaign during his tenure in the Republic of Vietnam.  Therefore, his DD Form 214 should be amended to reflect one bronze service star for wear on his already-awarded Vietnam Service Medal.

6.  The applicant’s service record shows he was promoted to SP4 on 22 August 1972.  

7.  The applicant’s discharge orders from the Ready Reserve show his rank as SGT at that time.  However, the evidence of record does not confirm he was promoted to SGT prior to separation from active duty in June 1973.  Therefore, his DD Form 214 correctly reflects his rank as SP4.  

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 Army Good Conduct Medal (1st Award) for the period 21 December 1971 through 29 June 1973; and

	b.  adding to his DD Form 214 the CIB, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star for wear on his already-awarded Vietnam Service Medal.

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 showing his rank as SGT.




      _______ _   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)                                         AR20090020514



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ABCMR Record of Proceedings (cont)                                         AR20090020514



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