IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100015883 


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 29 May 1968 to add:

* Army Good Conduct Medal
* Vietnam Service Medal with two of three bronze service stars
* Combat Infantryman Badge
* Marksmanship Qualification Badge (M-60 Machine Gun)
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation
* all Republic of Vietnam (RVN) awards to which he is entitled  

2.  He states he would like the above awards added to his DD Form 214.

3.  He provides:

* DD Form 214
* Headquarters, 25th Infantry Division Special Orders Number 17, dated 
17 January 1967 
* Headquarters, 25th Infantry Division Special Orders Number 263, dated 
20 September 1967



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 17 August 1966 and he successfully completed basic combat training and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Headquarters, 3rd Training Brigade Fort Jackson, South Carolina Special Orders Number 208, dated 1 December 1966, awarded him the Second Class Gunner with Machine Gun Bar (M-60).

4.  He arrived in Vietnam on 12 January 1967 and was assigned to B Company, 1st Battalion, 27th Infantry, 25th Infantry Division where he performed duties as a rifleman.  

5.  Headquarters, 25th Infantry Division Special Orders Number 263, dated 
20 September 1967, awarded him primary MOS 71B (Clerk Typist).

6.  Headquarters, 25th Infantry Division Special Orders Number 4697, dated 
4 December 1967 shows he was awarded the Army Commendation Medal for meritorious service.

7.  He departed Vietnam on 11 January 1968.  On 29 May 1968, he was honorably released from active duty in the rank of specialist five (SP5)/E-5 after completing 1 year, 10 months, and 13 days of creditable active service with no lost time.

8.  His DD Form 214 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal 
* Vietnam Campaign Medal
* Sharpshooter  Marksmanship Qualification Badge (M-14 Rifle)

9.  There are no orders in his service personnel records awarding him the Combat Infantryman Badge.

10.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.  

11.  There is no evidence he 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.

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 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it states that the Combat Infantryman Badge was established during World War II to provide special recognition of the unique role of the Army infantryman, the only Soldier whose daily mission is to close with and destroy the enemy and to seize and hold terrain.  The badge was intended as an inducement for individuals to join the infantry while serving as a morale booster for infantrymen.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.

14.  Army Regulation 600-8-22, 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:

* Vietnamese Counteroffensive Phase (1 July 1966 - 31 May 1967)
* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968  
15.  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 the 1st Battalion, 27th Infantry, it was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period Jan 1966 through August 1968 based on Department of the Army General Orders (DAGO) 48, dated 1971
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period 1 October 1966 through 31 October 1969 based on DAGO  Department of the Army General Orders 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was awarded the Army Commendation Medal and the Second Class Gunner with Machine Gun Bar 
(M-60).  His DD Form 214 should be amended to add these awards.

2.  He was separated in the rank of SP5 with 1 year, 10 months, and 13 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 17 August 1966 through 29 May 1968.

3.  He was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation.  His participation in two campaigns makes him eligible to wear two bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

4.  The applicant was awarded an infantry MOS and he served in an infantryman position with B Company, 1st Battalion, 27th Infantry, from January 1967 to September 1967.  However, there is insufficient evidence to show he met all the criteria required for award of the Combat Infantryman Badge.

5.  There is no evidence he participated in active ground combat during the time he served with the above unit.  Therefore, there is insufficient evidence on which to base adding the Combat Infantryman Badge to his DD Form 214.


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 the applicant the Army Good Conduct Medal (1st Award) for the period 17 August 1966 through 29 May 1968; and 

		 b.  amending his DD Form 214 for the period ending 29 May 1968 to add:

* Army Commendation Medal
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation
* Second Class Gunner with Machine Gun Bar (M-60)
* two bronze service stars to be worn on 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 adding the Combat Infantryman Badge and three bronze service stars for his Vietnam Service Medal 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)                                         AR20100015883





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ABCMR Record of Proceedings (cont)                                         AR20100015883



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