IN THE CASE OF:	  

		BOARD DATE:	  7 January 2011

		DOCKET NUMBER:  AR20100018776 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Combat Infantryman Badge (CIB) and the Bronze Star Medal (BSM) and that his orders awarding him the CIB be corrected to reflect his correct Social Security Number (SSN) by replacing the sixth digit with a “4.”

2.  The applicant states that he was awarded the CIB and BSM and they were omitted from his DD Form 214.  He further states that the orders awarding him the CIB have an incorrect SSN and should be corrected by placing a “4” in the sixth digit instead of the “9” in the sixth digit.

3.  The applicant provides a copy of his DD Form 214 and a copy of orders awarding him the CIB and the BSM.

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 enlisted in the Regular Army in Indianapolis, Indiana on 7 May 1969 for a period of 2 years.  He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana.

3.  The applicant was promoted to the pay grade of E-5 on 23 January 1970 and was transferred to Vietnam on 28 April 1970 and was assigned to Company D, 1st Battalion, 506th Infantry Regiment.

4.  He participated in three campaigns and he departed Vietnam on 3 April 1971 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 4 April 1971 as an overseas returnee.  He had served 1 year, 10 months and 28 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Purple Heart, the Air Medal, the Army Commendation Medal (ARCOM), and the Marksmanship Marksman Qualification Badge with Rifle Bar (M-14).

5.  A review of his records shows that orders awarding him the BSM and the CIB are contained in his records as well as orders for his other awards.  His records also show that he received "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that could serve to disqualify him for award of the Good Conduct Medal (AGCM).  Additionally, his orders awarding him the CIB contain an error in his SSN.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, states the AGCM is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.  

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each credited campaign participation.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Action Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and found to have merit.  He was awarded the BSM and the CIB and through administrative error those awards were omitted from his DD Form 214 at the time of his REFRAD.  Additionally, the orders awarding him the CIB contain an error in his SSN and should be corrected to reflect a 4 in the sixth digit of his SSN instead of the “9” that is currently reflected.  

2.  Accordingly, his awards of the BSM and CIB should be added to his records and his orders awarding him the CIB should be corrected to reflect his correct SSN. 

3.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the AGCM for his service from 7 May 1969 through 4 April 1971.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  Additionally, the applicant’s unit was subsequently awarded the RVNGC w/Palm Unit Citation and the RVNCAHN-FC Unit Citation.  Accordingly, he is entitled to have these awards added to his records at this time as well as three bronze service stars for wear on his already-awarded VSM.

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Correcting his orders awarding him the CIB (Special Orders 176) to reflect his SSN as having a “4” in the sixth digit instead of a “9”
* Awarding him the AGCM for the period of 7 May 1969 through 4 April 1971 while serving in the rank of sergeant
* Deleting his award of the VSM
* Adding the BSM, AGCM, the CIB, the VSM with three bronze service stars, the RVNGC w/Palm Unit Citation, and the RVNCAHM-FC Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20100018776





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ABCMR Record of Proceedings (cont)                                         AR20100018776



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