IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20100000808 


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), Army Commendation Medal (ARCOM), and Expert Marksmanship Qualification Badge with Mortar Bar.

2.  The applicant states he was assigned to an infantry unit actively engaged in ground combat with the enemy as evidenced by his infantry military occupational specialty (MOS), assignment to a cavalry troop, and ARCOM citation.

3.  The applicant provides his DD Form 214, DA Form 20 (Enlisted Qualification Record), and ARCOM order.

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 was inducted into the Army of the United States on 3 September 1969, was awarded MOS 11E (armor crewman), served in Vietnam from 5 February 1970 to 4 February 1971, and was promoted to pay grade E-5.  He was honorably released from active duty on 
1 September 1971.  The DD Form 214 he was issued shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal with 1960 Device, and Vietnam Service Medal with 1 bronze service star.

3.  The applicant's DA Form 20, Item 38 (Record of Assignments), shows the applicant was assigned to Troop B, 1st Squadron, 10th Cavalry as an armor crewman and then as a tank driver from 16 February to 17 December 1970.  His conduct and efficiency were all rated as "excellent."

4.  The ARCOM order provided by the applicant is also contained in his military records.  This order correctly shows the applicant's name and unit, but contains what appears to be a typographical error in his Social Security Number (SSN).  His SSN is entered as ***-**-**70 instead of ***-**-**07.

5.  Also contained in the applicant's records are orders awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  There are no orders awarding the applicant an Expert Marksmanship Qualification Badge or any level qualification badge with Mortar Bar.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods, for the dates the applicant was assigned to Vietnam, are: Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970), DA Sanctuary Counteroffensive (1 May through 30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 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.  

9.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant's ARCOM orders are also contained in his military records and reflect the applicant's correct name, unit and SSN (with the exception of the last two digits), this order is accepted as valid.  As such, it would be appropriate to add this decoration to his DD Form 214.

2.  There are no orders awarding the applicant an Expert Marksmanship Qualification Badge or any level qualification badge with Mortar Bar.  However, since the applicant's records contain orders awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar it would be appropriate to add this to his DD Form 214.  

3.  Since the applicant's MOS was not on the list of those specialties authorized a CIB (it is an armor MOS, not an infantry MOS), he is not entitled to the CIB.

4.  However, based on his dates of service in Vietnam he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 3 bronze service stars to be worn on his already-authorized Vietnam Service Medal.

5.  While not requested by the applicant, the preponderance of evidence shows that he was entitled to the Good Conduct Medal.  All of his conduct and efficiency ratings were "excellent."  He was promoted to pay grade E-5 in less than 2 years and was awarded the ARCOM.  As such, it would be appropriate to award him the Good Conduct Medal and to add this award to his DD Form 214.

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 Good Conduct Medal for the period 3 September 1969 to 1 September 1971;

	b.  deleting from his DD Form 214 the Vietnam Service Medal with 1 bronze service star; and

	c.  adding to his DD Form 214 the ARCOM, Good Conduct Medal, Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Vietnam Service Medal with 3 bronze service stars.

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 the Expert Marksmanship Qualification Badge with Mortar Bar and the CIB. 



      ___________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)                                         AR20100000808



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)