IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100010465 


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 award of the Combat Infantryman Badge.

2.  He states, in effect, his item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows his duty military occupational specialty (MOS) was 11B (Rifleman) from 1 May 1969 through 7 January 1970.  He further states he rotated from other various MOS's that involved combat operations.  Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) only represents his last duty station, which lasted less than 1 month.

3.  He provides a copy of page 3 of his DA Form 20.

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 he was inducted into the Army of the United States on 3 September 1968.  He completed training and he was awarded MOS 11D (Armor Reconnaissance Specialist).  He served in Vietnam from 20 March 1969 through 13 April 1970.

3.  Item 38 of his DA Form 20 shows he served in the following assignments while serving in Vietnam:

* in MOS 11D as a scout observer with Headquarters and Headquarters Company, 2nd Battalion, 22nd Infantry, 1st Infantry Division, from
27 March 1969 through 30 April 1969
* in MOS 11B as a rifleman with Company C, 2nd Battalion, 22nd Infantry, 1st Infantry Division, from 1 May 1969 through 6 January 1970
* in MOS 11B as an Armored Personnel Carrier (APC) driver with Company C, 2nd Battalion, 22nd Infantry, 1st Infantry Division, from 7 January 1970 through 28 March 1970
* in MOS 11B as a security guard with Headquarters and Headquarters Troop, 11th Armored Cavalry Regiment from 29 March 1970 through
9 April 1970

4.  His records contain the following orders issued by Headquarters, 1st Infantry Division:

* Special Orders Number 192, dated 11 July 1969, awarding him the Combat Infantryman Badge (1st Award)
* General Orders Number 15883, dated 23 November 1969, awarding him the Army Commendation Medal for meritorious achievement from 1 June 1969 to 1 October 1969
* General Orders Number 1245, dated 30 January 1970, awarding him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service from March 1969 to March 1970
* General Orders Number 3056, dated 27 February 1970, awarding him the Army Commendation Medal (2nd Oak Leaf Cluster) for meritorious achievement from 2 October 1969 to 31 January 1970.

5.  He was honorably released from active duty in pay grade E-4 on 15 April 1970 as an overseas returnee.  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, Republic of Vietnam Campaign Medal with Device (1960), and Army Commendation Medal.

6.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal (1st Oak Leaf Cluster), and the Army Commendation Medal (2nd Oak Leaf Cluster).

7.  Item 44 of his DA Form 20 shows he accrued 7 days of time lost for being absent without leave (AWOL) from 4-10 March 1969 while en route to Vietnam.  However, item 38 (Record of Assignments) of the same form shows he received "excellent" conduct and efficiency ratings throughout his service.  There is also no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Tet 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that while he was assigned to 
2nd Battalion, 22nd Infantry, his unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 - 30 September 1970, by Department of the Army General Orders (DAGO) 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 21 January 1970, by DAGO 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Combat Infantryman Badge by Special Orders 192 on 11 July 1969 which is not shown on his DD Form 214.  Therefore, he is entitled to correction to his DD Form 214 to show this award.

2.  The evidence shows he was awarded the Army Commendation Medal (2nd Oak Leaf Cluster) and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214.  Therefore, he is also entitled to correction to his DD Form 214 to show these awards.

3.  The evidence of record further shows he received "excellent" conduct and efficiency ratings throughout his service in the Army.  There is evidence of minor indiscipline (AWOL for 7 days) during his service; however, this minor indiscipline should not over-shadow his achievements while he served in Vietnam.  While in the Army, he attained the rank/grade of SP4/E-4, he successfully served in Vietnam,  he was awarded three awards of the Army Commendation Medal for meritorious achievement, and he received "excellent" conduct and efficiency ratings throughout his service.  There is also no record of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 3 September 1968 through 15 April 1970 and correction of his DD Form 214 to show this award.

4.  The evidence confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citations and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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.  deleting from item 24 of his DD Form 214 the Army Commendation Medal;

	b.  awarding him the Army Good Conduct Medal (1st award) for his honorable period of service from 3 September 1968 to 15 April 1970; and

	c.  adding to item 24 of his DD Form 214 the Army Commendation Medal (2nd Oak Leaf Cluster), Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit.



      __________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)                                         AR20100010465



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ABCMR Record of Proceedings (cont)                                         AR20100010465



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