IN THE CASE OF:	  

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100000780 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Combat Infantryman Badge (CIB) and the Army Commendation Medal with first Oak Leaf Cluster and "V" Device (ARCOM 1st OLC with "V" Device).

2.  The applicant states his DD Form 214 does not list all of his awards and decorations.

3.  The applicant provides his 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’s military records show that he enlisted in the Regular Army on 29 May 1965, was awarded the military occupational specialty (MOS) of 11C (Infantryman Indirect Fire Crewman), served in the Dominican Republic for 8 months, and was promoted to pay grade E-5.  The applicant was honorably discharged on 16 November 1967 to immediately reenlist.  He had served 
2 years, 5 months, and 18 days of active service.  His DD Form 214 shows that he was awarded the Armed Forces Expeditionary Medal (AFEM).

3.  The applicant was awarded MOS 16R (Short Range Air Defense Artillery Crewman) and MOS 16C (Hercules Fire Control Crew Member) while retaining MOS 11C.  He was promoted to pay grade E-6 and served in Vietnam from 24 January to 16 August 1971.  While in Vietnam he was assigned as a team leader (MOS 11C) and squad leader (MOS 11B) with Company B, 4th Battalion (Airborne), 503d Infantry; Company B, 1st Battalion, (Airborne), 503rd Infantry; and Company E, 3rd Battalion (Airborne), 503d Infantry.

4.  On 16 November 1971, the applicant was honorably discharged.  The 
DD Form 214 he was issued shows that he was awarded the Vietnam Service Medal with 1 bronze service star, the Army Good Conduct Medal (AGCM), and the ARCOM.  This DD Form 214 does not show the applicant's AFEM.  The applicant completed 4 years of active service during this enlistment.

5.  The applicant's records contain:

* General Order Number 69, dated 10 February 1971, awarding him the ARCOM for meritorious service
* General Orders Number 2056, dated 8 August 1971, awarding him the ARCOM 1st OLC with "V" Device
* His DA Form 20 (Enlisted Qualification Record) which shows his conduct and efficiency were always rated as "Excellent"

6.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that all three of the applicant's units were awarded the RVN Civil Actions Honor Medal, First Class Unit Citation for periods which included the dates the applicant was assigned to those units.  That publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are:  Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971) and Consolidation I (1 July to 30 November 1971).

7.  Department of the Army General Order Number 8, dated 1974, awarded all units assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
8.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has orders for the ARCOM and the ARCOM 1st OLC with "V" Device.  As such, his DD Form 214 should be amended to by adding his second ARCOM.

2.  There is no evidence that the applicant was awarded the CIB.  However, he held an infantry MOS, served in three infantry units, and obviously served in combat as evidenced by his ARCOM for valor.  As such, he is entitled to the CIB and to have that badge entered on his DD Form 214.

3.  While the applicant's DD Form 214 show he was awarded one bronze service star to be worn on his Vietnam Service Medal, he is entitled to two bronze service stars.  It would be appropriate to now amend his DD Form 214 to show this entitlement.

4.  Based upon the dates of his assignments to units in Vietnam, the applicant is entitled to three awards of the RVN Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  In addition, the applicant's AFEM for his first period of service was never carried over to his second DD Form 214.  It would be appropriate to correct that error and add the AFEM to his second DD Form 214.

6.  Also, the applicant served a total of 6 years, 5 months, and 18 days of active Federal service.  His conduct and efficiency were always rated as "Excellent" and there is no evidence of lost time or disciplinary action being taken against him.  As such, the applicant is entitled to the AGCM (second award) for the period
29 May 1968 to 28 May 1971.

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 to him the CIB and the AGCM (2nd award) for the period 29 May 1968 to 28 May 1971;

	b.  deleting from his DD Form 214 for the period ending 16 November 1971 the AGCM, the Vietnam Service Medal with 1 bronze service star, and the ARCOM; and

	c.  adding to his DD Form 214 for the period ending 16 November 1971 the AGCM (2nd award), CIB, Vietnam Service Medal with 2 bronze service stars, the 

ARCOM 1st OLC with "V" Device, AFEM, three awards of the RVN Civil Actions Honor Medal, First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100000780



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ABCMR Record of Proceedings (cont)                                         AR20100000780



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