IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100021420 


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) to show award of the Army Good Conduct Medal, Vietnam Service Medal with multiple bronze service stars, Combat Infantryman Badge, Mechanic Badge, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, two Army Commendation Medals, and any other decorations his unit received in Vietnam.

2.  The applicant states the above awards were not entered on his DD Form 214.

3.  The applicant provides his DD Form 214; DA Form 20 (Enlisted Qualification Record); Headquarters, U.S. Army Personnel Center Special Orders Number 130; and DD Form 47 (Record of Induction).
 
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 6 October 1969.  He completed initial entry training, he was awarded the military occupational specialty of (11E) armor crewman, and he was promoted to pay grade E-4.

3.  His DA Form 20 shows he performed duties as a loader while assigned to B Troop, 3d Squadron, 4th Cavalry, 25th Infantry Division while in the RVN during the period 24 April to 30 November 1970.  He was an armor crewman while assigned to Headquarters and Headquarters Troop, 1st Squadron, 9th Cavalry, 1st Cavalry Division from 1 December 1970 to on or about 10 May 1971.

4.  Headquarters, 25th Infantry Division General Orders Number 10270, dated 18 October 1970, awarded him the Army Commendation Medal for service during the period 1 August to 30 September 1970.

5.  Headquarters, 1st Cavalry Division General Orders Number 5431, dated 14 March 1971, awarded him the Army Commendation Medal for service during the period 11 February to 11 April 1971.

6.  On 10 May 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 1 year, 7 months, and 5 days of creditable active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Forms 214 shows he was awarded the National Defense Service Medal, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal, RVN Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and one Overseas Service Bar.

8.  Item 41 (Awards and Decorations) of his DA Form 20 shows Headquarters, 1st Cavalry Division Special Orders Number 60 awarded him the Mechanic Badge.

9.  His records are void of any orders that indicate he was ever awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.
10.  The available records are void of any orders or other documents that indicate he was recommended for or awarded the Combat Infantryman Badge by proper authority.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

12.  Army Regulation 600-8-22 (Military Awards) provides that 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 USARV 672-1 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.  It further states that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that while the applicant was assigned to his units those units received the:

* Valorous Unit Award based on Department of the Army General Orders (DAGO) Number 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation based on DAGO 55, dated 1971 and DAGO 42, dated 1972

14.  A search of this pamphlet failed to reveal any evidence his units were cited for the RVN Civil Actions Honor Medal First Class Unit Citation.

15.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During his tour in Vietnam he participated in the following campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

16.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant two Army Commendation Medals.  Therefore, he is entitled to have his DD Form 214 corrected to show two awards of the Army Commendation Medal.

2.  There is no evidence he held an MOS that authorized award of the Combat Infantryman Badge.  As such, it would not be appropriate to add this badge to his DD Form 214.

3.  There is no available order showing the applicant was awarded the Army Good Conduct Medal.  However, based on all "excellent" conduct and efficiency ratings and the absence of any disqualification for award of the Army Good Conduct Medal, it can be presumed that he was eligible for award of the Army Good Conduct Medal.  As such, it would be appropriate to award him the Army Good Conduct Medal for the period 6 October 1969 through 10 May 1971 and add this award to his DD Form 214.

4.  Special orders awarded him the Mechanic Badge.  Therefore, he is entitled to have this badge added to his DD Form 214.

5.  General orders awarded his units the Valorous Unit Award and two awards of the RVN Gallantry Cross with Palm Unit Citation during the period he was assigned to the units; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  The available records show he was awarded the Vietnam Service Medal and that he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with three bronze service stars.

7.  A search of Department of the Army Pamphlet 672-3 failed to reveal any evidence his units were cited for the RVN Civil Actions Honor Medal First Class Unit Citation.  As such, he is not entitled to correction of his DD Form 214 to show this unit award. 

8.  In view of the foregoing, the applicant's records should be corrected as shown below.





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 Army Good Conduct Medal for the period 6 October 1969 through 10 May 1971; and

	b.  amending his DD Form 214 to add the Army Good Conduct Medal, Army Commendation Medal (2d Award), Mechanic Badge, Valorous Unit Award, two awards of the RVN Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with three bronze service stars. 

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 RVN Civil Actions Honor Medal First Class Unit Citation 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)                                         AR20100021420



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ABCMR Record of Proceedings (cont)                                         AR20100021420



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