BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100008949 


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) for the period ending 8 June 
1966 to show:

* Bronze Star Medal with "V" Device
* Combat Infantryman Badge

2.  The applicant states the above awards were omitted from his DD Form 
214 when he separated from the service.

3.  The applicant provides:

* DD Form 214
* Headquarters, 1st Infantry Division General Orders Number 302
* Memorandum  from Headquarters, U.S. Army Engineer Center and Fort Belvoir, dated 18 May 1966

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 23 January 1964 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty (MOS) 11C (Heavy Weapons Infantryman).

3.  The applicant arrived in Vietnam with A Company, 2nd Battalion, 2nd Infantry, on 25 September 1965 where he performed duties as an ammunition bearer.  

4.  On 12 November 1965, the applicant sustained wounds as a result of hostile action.  On 23 November 1965, he departed Vietnam and was evacuated to the U.S. Air Force Hospital, Clark Air Force Base, Philippines, after being credited with participating in one campaign.

5.  Headquarters, 1st Infantry Division General Orders Number 302 show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 12 November 1965.

6.  On 8 June 1966, the applicant was honorably released from active duty in the rank of Specialist Four (SP4)/E-4 after completing 2 years, 4 months, and 16 days of creditable active service.

7.  The applicant's DD Form 214 for the period ending 8 June 1966 shows he was awarded:

* Vietnam Service Medal 
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Mortar Bar

8.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.


9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

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 personnel 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.  

12.  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.

13.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

14.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

15.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to 
A Company, 2nd Battalion, 2nd Infantry, it was cited for award of the:

* Valorous Unit Award for the period 12 November 1965 by Department of the Army General (DAGO) Orders 20, dated 1967
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by DAGO Orders 53, dated 1970

17.  Army Regulation 600-8-22 provides for 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of records show that the applicant was awarded the Bronze Star Medal with "V" Device.  Therefore, it should be added to his DD Form 214.

2.  Evidence shows the applicant was awarded a Purple Heart for wounds he received as a result of hostile action and the Bronze Star Medal with "V" Device for heroism while assigned to the 2nd Battalion, 2nd Infantry, while serving as an infantryman (i.e., ammunition bearer).  It appears he is therefore eligible for award of the Combat Infantryman Badge and it should be added to his DD Form 214.

3.  The applicant was separated in the rank of SP4 with 2 years, 4 months, and 16  of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 23 January 1964 through 8 June 1966.  He should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.

4.  The applicant was assigned to a unit during a period of time the unit was awarded the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His participation in one campaign makes him eligible for award of one bronze service star to be affixed to his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be amended to add these awards.

5.  Evidence shows the applicant was awarded the Vietnam Service Medal and that he was evacuated from Vietnam prior to completing 6 months of service due to receiving wounds as a result of hostile action.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be amended to add this award.

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add this 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 the applicant the Army Good Conduct Medal (1st Award) for the period 23 January 1964 through 8 June 1966; and 

	b.  amending item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to add:

* Bronze Star Medal with "V" Device
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Valorous Unit Award
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* one bronze service star for wear on his already-awarded Vietnam              Service Medal



      _______ _  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)                                         AR20100008949





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Procee