IN THE CASE OF:	  

		BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100023679 


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 Bronze Star Medal and Combat Infantryman Badge.

2.  The applicant states he was awarded the Bronze Star Medal and Combat Infantryman Badge while serving in Vietnam; however, the awards are not recorded in his military personnel records.

3.  The applicant provides copies of his induction and separation documents,
DA Form 20 (Enlisted Qualification Record), and award orders.

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
2 January 1968.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 4 June 1968 through 31 May 1969;

   b.  item 33 (Appointments and Reductions) he was promoted to sergeant
(E-5) on 18 December 1968;

	c.  item 38 (Record of Assignments) he was assigned to:

       (1)  Company E, 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile) from 8 June through 15 September 1968; and

       (2)  Company A, 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile) from 16 September 1968 through 30 May 1969.

	d.  item 39 (Campaigns) contains no entries; and

   e.  item 41 (Awards and Decorations) the National Defense Service Medal, two Overseas Service Bars, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machinegun (M-60) Bar, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  Headquarters, 1st Air Cavalry Division (Airmobile), General Orders Number 6173, dated 20 May 1969, awarded the applicant the Bronze Star Medal for meritorious service against a hostile force in the Republic of Vietnam from June 1968 to June 1969.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 11 December 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation:

   a.  He had completed 1 year, 11 months, and 10 days of net active service; and

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machinegun (M-60) Bar, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

6.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge.

7.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

8.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show he was awarded any bronze service stars to signify campaign participation credit.

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase IV  (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V  (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI  (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969  (23 February - 8 June 1969)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant's assignment to the 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 59 (1969) and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42 (1972).


10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal:

   a.  There is no adverse information in the applicant's military service records;

   b.  Item 38 of his DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his entire period of active duty service; and

   c.  There is no evidence the applicant's company commander denied him award of the Army Good Conduct Medal.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation.  For Vietnam service, one overseas service bar was authorized for each period of six months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

13.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned or attached to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat:

	a.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments; and  

	b.  Announcement of award of the Combat Infantryman Badge was made in unit special orders.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Bronze Star Medal and Combat Infantryman Badge because he was awarded the decorations while serving in Vietnam.

2.  Records show the applicant was awarded MOS 11B and he served with the 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), during his tour of duty in Vietnam.  However, there are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge.  Therefore, the available evidence is insufficient to support the applicant's claim to the Combat Infantryman Badge in this case.

3.  The evidence of record shows:

   a.  general orders awarded the applicant the Bronze Star Medal for meritorious service from June 1968 to June 1969;

   b.  the applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in Vietnam.  Thus, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal;

   c.  general orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation when he was assigned to the unit; and

   d.  he qualified for two Overseas Service Bars based on his service in Vietnam.

4.  Records show the applicant served a qualifying period of active enlisted service for award of the Army Good Conduct Medal.  He was promoted to sergeant (E-5) with less than 12 months of active service, he received conduct and efficiency ratings of "excellent" throughout his entire period of active service, and there is no record of any disqualifying information.  Based on the available evidence, it would be appropriate to award the applicant the Army Good Conduct Medal.

5.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his authorized awards and decorations, as recommended 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 the applicant the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity from 2 January 1968 through
11 December 1969;

   b.  deleting from item 24 of his DD Form 214 the "VIETNAM SERVICE MEDAL" and "1 O/S BAR"; and

   c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two Overseas Service Bars.

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 the Combat Infantryman Badge.  




      _______ _   _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)                                         AR20100023679



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ABCMR Record of Proceedings (cont)                                         AR20100023679



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