IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20100007246 


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.  He also requests correction of the order that awarded him the Combat Infantryman Badge to show his correct social security number (SSN). 

2.  The applicant states the Combat Infantryman Badge is not listed on his 
DD Form 214.  Additionally, the Special Orders that awarded him the Combat Infantryman Badge erroneously lists another Soldier's SSN.

3.  The applicant provides the following documents:

* A copy of orders awarding him the Combat Infantryman Badge
* A copy of orders awarding him the Bronze Star Medal

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 enlisted in the Regular Army for a period of 2 years on 15 April 1970.  Item 1 (Service Number) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) lists his SSN as "x1x-5x-x6x." 

3.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

4.  The DA Form 20 (Personnel Qualification Record) that he was issued upon entry on active duty lists his SSN as it is shown on his DD Form 4.

5.  His records also show he served in the Republic of Vietnam from on or about 9 September 1970 to 30 June 1971.  He was assigned to Company B, 4th Battalion, 21st Infantry.

6.  He was honorably released from active duty in the rank/grade of SGT/E-5 on 21 December 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training to complete his Reserve obligation.

7.  Item 3 (Social Security Number) of his DD Form 214 lists the same SSN as that shown on his DD Form 4 and DA Form 20.

8.  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 Campaign Medal with Device (1960), Vietnam Service Medal with one bronze service star, Bronze Star Medal, Army Commendation Medal, and Air Medal.

9.  Special Orders Number 328, issued by Headquarters, 23d Infantry Division, on 24 September 1970, awarded him the Combat Infantryman Badge on 24 November 1970.  However, the orders lists his SSN as "2**-7*-***6" which is a completely different number than that shown on his DD Form 4 and it is the exact same SSN as that of the Soldier proceeding him on the same orders. 

10. Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.


11.  Headquarters, 2nd Advanced Individual Training Brigade, Infantry, Fort Ord, CA, Special Orders Number 158, dated 31 July 1970, awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).  

12.  Headquarters, U.S. Army Training Center, Fort Dix, NJ, Special Orders Number 167 issued on an unknown date, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

13.  The applicant’s records do not contain any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

15.  General Orders 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit of assignment in Vietnam for achievements during his period of assignment.

16.  Appendix B of Army Regulation 600-8-22 shows that during the applicant's tour of duty in the Republic of Vietnam participation credit was awarded for the Vietnam Counteroffensive Phase VII, 1 July 1970 to 30 June 1971, and the Consolidation I, 1 July 1971 to 30 November 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 award of the Combat Infantryman Badge and his CIB orders should be corrected to show his correct SSN.

2.  Special orders awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his 
DD Form 214 to show this award.

3.  The evidence of record shows the applicant used the SSN "x1x-5x-x6xx" upon his enlistment in the Army.  This SSN is consistent with various military personnel documents used throughout his military service.  It appears when his Combat Infantryman Badge orders were published the wrong SSN was entered on the orders.  Therefore, he is entitled to correction of his Combat Infantryman Badge orders to show the correct SSN.

4.  The evidence of record shows the applicant served honorably from 15 April 1970 through 21 December 1971.  He received "excellent" efficiency and conduct ratings throughout his military service.  He served in Vietnam, was awarded multiple combat awards, and attained the rank/grade of SGT/E-5.  In the absence of any derogatory information that would have disqualified him from award of the Good Conduct Medal it would be appropriate to award the applicant his 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.  Therefore, he is entitled to correction of his records to show this award.

5.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

6.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to wear of two bronze service stars to be affixed to the Vietnam Service Medal.

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.  amending Special Orders Number 328, issued by Headquarters, 
23d Infantry Division, on 24 November 1970, awarding him the Combat Infantryman Badge to show the SSN that is shown on his DD Form 214.

	b.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 15 April 1970 through 21 December 1971; 

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

	d.  adding award of the Combat Infantryman Badge, the Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with two bronze service stars 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)                                         AR20100007246



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ABCMR Record of Proceedings (cont)                                         AR20100007246



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