BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100018179 


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 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.  He also requests his middle name in item 1 (Last Name, First Name, Middle Name) of his DD Form 214 be corrected. 

2.  The applicant states:

* While serving in Vietnam he was awarded the Combat Infantryman Badge
* His middle name is Selvin not Slvin

3.  The applicant provides:

* Social Security card
* 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's DA Form 2981 (Application for Determination of Moral Eligibility for Induction), DD Form 398 (Statement of Personnel History), induction record, DA Form 428 (Application for Identification Card), and DD Form 1584 (Department of Defense National Agency Check Request) show the middle name Slvin.  His Acknowledgement of Service Obligation, dated 20 November 1967, shows a legible signature and the middle name is Slvin. 

3.  The applicant was inducted into the Army of the United States on 
20 November 1967.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 4 May 1968.  He served in MOS 11B while assigned to Company C, 5th Battalion, 7th Cavalry, in Vietnam from 10 May 1968 through 28 April 1969.  On 19 November 1969, he was released from active duty in the rank of specialist four after completing 2 years of creditable active service with no time lost.

4.  Item 1 of the applicant's DD Form 214 shows the middle name Slvin.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Bronze Star Medal with "V" Device, Air Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and Second Class Gunner Marksmanship Qualification Badge (Machinegun M-60), 2nd Class Gunner Badge as authorized awards.

5.  There are no orders for the Combat Infantryman Badge in the available records.

6.  Headquarters, 1st Air Cavalry Division, General Orders Number 11849, dated 7 September 1968, show the applicant received the Bronze Star Medal with "V" Device for heroism on 18 July 1968 in connection with military operations against a hostile force in Vietnam.

7.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 4340, dated 8 April 1969, show the applicant received the Bronze Star Medal for meritorious service for the period May 1968 to May 1969 in Vietnam.


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

9.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

10.  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 the 5th Battalion, 7th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 59, dated 1969.  

11.  In support of his claim to amend his middle name, the applicant provided a copy of his Social Security card which shows the middle name Selvin.  

12.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

13.  Army Regulation 672-5-1 (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.

14.  Army Regulation 600-8-22 also states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

15.  Army Regulation 600-8-22 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.
16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Application for Determination of Moral Eligibility for Induction, Statement of Personnel History, induction record, Application for Identification Card, Acknowledgement of Service Obligation, and Department of Defense National Agency Check Request show the middle name Slvin.  It appears he served on and he was separated from active duty under the middle name Slvin.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a 
reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct middle name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the middle name recorded in his military record and to satisfy his desire to have his correct middle name documented in his OMPF.

4.  There are no orders for the Combat Infantryman Badge in the available records.  However, the evidence of record shows he held and served in an infantry MOS and he was assigned to an infantry company in Vietnam.  In addition, he was awarded the Bronze Star Medal with "V" Device for heroism on 18 July 1968 in connection with military operations against a hostile force in Vietnam.  Therefore, there is sufficient evidence on which to base adding the Combat Infantryman Badge to his DD Form 214.

5.  The applicant was released from active duty in the rank of specialist four with 2 years of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings through his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 20 November 1967 through 19 November 1969 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.

6.  The applicant's DD Form 214 shows the Bronze Star Medal with "V" Device.  However, orders show he received two awards of the Bronze Star Medal, one award for valor.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device with First Oak Leaf Cluster.

7.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

8.  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 citation.

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 him the first award of the Good Conduct Medal for the period 
20 November 1967 through 19 November 1969; 

	b.  deleting the entry "Bronze Star Medal w/V Dev" in item 24 of his DD Form 214; and  

	c.  adding the Combat Infantryman Badge, Good Conduct Medal, Bronze Star Medal with "V' Device with First Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 of his DD Form 214.  

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 amending his middle name in item 1 of 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)                                         AR20100018179



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ABCMR Record of Proceedings (cont)                                         AR20100018179



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