IN THE CASE OF:	  

		BOARD DATE:	      26 May 2011

		DOCKET NUMBER:  AR20100023491 


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 of Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states he served as an infantryman and platoon sergeant with Company D, 3rd Battalion, 21st Infantry, 196th Infantry Brigade, 23rd Infantry Division from 1970 to August 1971.

3.  The applicant provides no additional evidence.

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 20 January 1970.  He completed his initial training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from 26 June 1970 to 23 August 1971, and was assigned to Company D, 3rd Battalion, 21st Infantry, 196th Infantry Brigade.

3.  Special Orders Number 244, issued by Headquarters, Americal Division, dated 1 September 1970, awarded him the Combat Infantryman Badge.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with device "1960"
* Army Commendation Medal
* Bronze Star Medal 
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  He was honorably released from active duty in the pay grade/rank of sergeant (E-5) on 24 August 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  He completed 1 year, 7 months, and 
5 days of total active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the same awards as listed in item 41 of his DA Form 20.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 he participated in the following three campaigns:

* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 -30 June 1971)
* Consolidation I (1 July - 30 November 1971)
9.  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 3rd Battalion, 21st Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by Department of the Army General Orders (DAGO) Number 6, dated 1974.

10.  Army Regulation 672-5-1 (Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The evidence shows he was promoted to sergeant, completed 1 year, 7 months, and 5 days of honorable service during which he received all "excellent" conduct and efficiency ratings with no court-martial convictions.  There is no evidence of any disciplinary actions or a commander's disqualification from receiving the first award of the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

5.  In view of the above, his request should be granted.



BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that item 24 of his DD Form 214 by corrected as follows:

* Delete the Vietnam Service Medal
* Award the Army Good Conduct Medal (1st Award) for the period
   20 January 1970 through 24 August 1971	
* Add the following awards to item 24 of his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Further, add the following awards to item 24 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)                                         AR20100023491





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023491



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1