BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100000832 


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 Good Conduct Medal and the Combat Infantryman Badge. 

2.  The applicant states he was awarded the Good Conduct Medal at the end of basic [combat training] with promotion to PFC (private first class) and he thinks it was left off his DD Form 214 in error.  He was also given the Combat Infantryman Badge to place on his uniform upon his return from Vietnam.

3.  The applicant provides a copy of his DD Form 214 and a copy of a letter from the National Personnel records Center. 

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 was inducted into the Army of the United States on 12 March 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  His records further show he served in the Republic of Vietnam from 5 April 1970 to 13 February 1971.  He was assigned to Company D, 4th Battalion, 503rd Infantry, 173rd Airborne Brigade, from 13 April to 17 December 1970 and Headquarters and Headquarters Company (HHC) of the same battalion from 17 December 1970 to 10 February 1971. 

4.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 14 February 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

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 Service Medal, Parachutist Badge, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and one overseas service bar.

6.  A review of his service record shows no 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 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout most of his military service (he received an unknown rating during the period that he served with HHC, 4th Battalion, 503rd Infantry, from 17 December 1970 to 
10 February 1971). 

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Combat Infantryman Badge or Good Conduct Medal.

8.  There are no orders in his records that show he was awarded the Combat Infantryman Badge or Good Conduct Medal.

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge or Good Conduct Medal.  
10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period was 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.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  

11.  Army Regulation 600-8-22 (Military Awards) 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 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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.

12.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 4th Battalion, 503rd Infantry, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 5 May 1965 to 26 September 1970, based on Department of the Army General Order (DAGO) Number 51, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 15 April 1969 to 16 March 1971 based on DAGO Number 5, dated 1973.

14.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in four campaigns during his tour of duty in the Republic of Vietnam as follows:  the Vietnam Winter - Spring (1 November 1969 to 30 April 1970), the DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970), and the Vietnam Counteroffensive, Phase VII (1 July 1960 to 30 June 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.






DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record confirms he served honorably from 12 March 1969 through 14 February 1971.  He attained the rank of SGT/E-5, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service.  In the absence of any derogatory information that would have disqualified him it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correction of his DD Form 214 to show this medal.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  He also participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to three bronze service stars to be affixed to the Vietnam Service Medal.

5.  With respect to the Combat Infantryman Badge, the applicant's infantry MOS and/or his service with an infantry unit in Vietnam are not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows he actively participated in ground combat while assigned to an infantry unit, therefore, the available evidence is insufficient to support correction of his DD Form 214 to show award of the Combat Infantryman Badge in this case.

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 exemplary behavior, efficiency, and fidelity from 12 March 1969 through 14 February 1971; and

	b.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to 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 the Combat Infantryman Badge.



      _______ _   __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)                                         AR20100000832



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)