IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100006994 


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 the Combat Infantryman Badge was issued to him, but it is not posted on his DD Form 214.

3.  The applicant provides:

* page 4 of his DA Form 20 (Enlisted Qualification Record)
* Standard Form 180 (Request Pertaining to Military Records)
* 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 was inducted into the Army of the United States on 3 September 1969.  He was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman).  His DA Form 20 shows he served in MOS 11C while assigned to Company C, 2nd Battalion, 12th Infantry, 25th Infantry Division, in Vietnam from 23 February 1970 through 27 October 1970.  On 2 September 1971, the applicant was released from active duty in the rank of specialist four after completing 2 years of creditable service with no lost time.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with one bronze service star, one overseas service bar, First Class Gunner Marksmanship Qualification Badge (81-millimeter Mortar), Marksman Marksmanship Qualification Badge with Pistol Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  There are no orders for the Combat Infantryman Badge in the available records.  However, item 41 (Awards and Decorations) of the applicant's DA Form 20 shows award of the Combat Infantryman Badge by Headquarters, 25th Infantry Division, Special Orders Number 151.

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

6.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the applicant's unit (2nd Battalion, 12th Infantry) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation at the time of his assignment based on Department of the Army General Orders (DAGO) Number 5, dated 1973.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  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, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Combat Infantryman Badge was issued to him, but it is not posted on his DD Form 214.

2.  The entry in item 41 of the applicant's DA Form 20 which shows special orders were issued for the first award of the Combat Infantryman Badge is accepted as sufficient evidence on which to add the Combat Infantryman Badge to his DD Form 214.  

3.  The applicant was separated in the rank of specialist four with 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 3 September 1969 through 2 September 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's DD Form 214 shows the Vietnam Service Medal with one bronze service star.  However, the applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show these service stars.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit 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.  awarding him the first award of the Army Good Conduct Medal for the period 3 September 1969 through 2 September 1971 and

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



      ____________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)                                         AR20100006994



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ABCMR Record of Proceedings (cont)                                         AR20100006994



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