BOARD DATE: 7 April 2011
DOCKET NUMBER: AR20100024005
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Combat Infantryman Badge (CIB) and the Army Good Conduct Medal (AGCM).
2. The applicant states he held the military occupational specialty of infantryman and served in infantry units in Vietnam. He states everyone gets the AGCM with 2 to 3 years of service.
3. The applicant provides his 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 military records show he enlisted in the Regular Army on 27 June 1963 with prior service in the Army National Guard, was awarded the military occupational specialty of heavy weapons infantryman, served in Vietnam from 21 September 1965 to 11 July 1966, and was promoted to pay grade E-4. While in Vietnam he served with Company B, 1st Battalion, 28th Infantry.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was absent without leave (AWOL) from 4 to 19 February 1965, confined from 20 to 25 February 1965, AWOL from 26 to 28 February and 2 to 8 March 1965, and confined from 11 March to 6 April 1965. It also shows that he was rated "unsatisfactory" in his conduct and efficiency for the period 5 February to 8 March 1965.
4. The applicant accepted nonjudicial punishment on 24 December 1964 for failure to go at the time prescribed to his appointed place of duty and was convicted by a special court-martial on 6 April 1965 for three specifications of being AWOL and for disobeying a lawful order.
5. His records also contain Special Orders Number 298, dated 3 December 1965, which awarded him the CIB.
6. He was honorably released from active duty on 18 July 1966. The DD Form 214 he was issued shows he was awarded the:
* Vietnam Service Medal
* Army of Occupation Medal (Berlin Bar)
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
7. The applicant again enlisted in the Regular Army on 30 November 1966 and was separated with a general discharge on 18 August 1967 for unsuitability.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for a period which included the dates the applicant was assigned to that unit. This pamphlet also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are the Vietnam Defense Campaign (8 March 1965 through 24 December 1965), Vietnam Counteroffensive (25 December 1965 through 30 June 1966), and Vietnam Counteroffensive Phase II (1 July 1966 through 31 May 1967).
9. Department of the Army General Orders Number 8, dated 1974, awarded all personnel assigned to U.S. Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
10. Army Regulation 600-8-22 (Military Awards) provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during 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. A record of punishment is not automatically disqualifying. However, at that time, a single efficiency rating of less than "excellent" was disqualifying, as was a conviction by a court-martial.
DISCUSSION AND CONCLUSIONS:
1. Orders contained in the applicant's records show he was awarded the CIB. It would now be appropriate to add that badge to his DD Form 214.
2. The applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be affixed to his Vietnam Service Medal.
3. As for the AGCM, the applicant was disqualified for the AGCM due to his conduct and efficiency ratings of "unsatisfactory" and his conviction by a court-martial.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending his DD Form 214 to add the CIB, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his Vietnam Service Medal.
2. The Board further determined 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 AGCM.
___________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) AR20100024005
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ABCMR Record of Proceedings (cont) AR20100024005
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