BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100024337 


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 to his DD Form 214 (Armed Forces of the United States report of Transfer or Discharge) to show award of the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with Device 1960, Combat Infantryman Badge (CIB), and all and any unit citations he is entitled to.

2.  He states these awards were left off of his DD Form 214.  He served with the 403rd Transportation Company from 13 October 1966 through 14 October 1967 in Vietnam.  The records of his unit should be reviewed.  

3.  He provides:

* DA Form 20 (Enlisted Qualification Record)
* DD Form 214
* Letter from the National Personnel Records Center

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provides no requests, statements, or 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's military records show he enlisted in the Regular Army in pay grade E-1 on 4 August 1965, for 3 years.  He completed training and he was awarded military occupational specialty (MOS) 11C (Infantryman Indirect Fire Crewman).  He was advanced to pay grade E-3 on 26 May 1966.

3.  He served in Vietnam from 13 October 1966 through 14 October 1967, during two campaigns.  He served in MOSs 56A (Supply Handler) and 57H (Cargo Handler) and was assigned to the 403rd Transportation Company.

4.  He accepted punishment under Article 15, Uniform Code of Military Justice, for the following offenses:

	a.  On 13 September 1966, for violating a lawful order by having possession of alcoholic beverages in the barracks on 11 September 1966.

	b.  On 11 February 1967, for failing to go at the time prescribed to his appointed place of duty on 10 February 1967.

5.  On 18 August 1967, he was convicted by a special court-martial of the following specifications:

* Disobeying his superior noncommissioned officer (NCO)
* Assaulting his superior NCO
* Being disrespectful in language to his superior NCO

6.  He was sentenced to a reduction to pay grade E-1 and a forfeiture of $69.00 pay for 3 months.  The sentence was approved on 2 September 1967 and he was reduced on the same day.

7.  He was again promoted to pay grade E-2 on 2 December 1967.

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent, "good," and "fair" conduct and efficiency ratings during his service.  
9.  He was honorably released from active duty in pay grade E-2 on 12 June 1968, for early released to attend school.  

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Two overseas bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

11.  The Republic of Vietnam Campaign Medal with Device 1960 is already shown on his DD Form 214; therefore, it will not be discussed further in this Record of Proceedings.

12.  There is no evidence in the available records that shows he participated in ground combat during his period of service in Vietnam.  There are no orders in his records awarding him the CIB.

13.  Item 41 of his DA Form 20 does not show award of the CIB.

14.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal that orders were published authorizing the applicant award of the CIB.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, 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 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.

16.  Army Regulation 600-8-22 (Military Awards) states the CIB 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.  


17.  U.S. Army Vietnam Regulation 672-1 governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."

18.  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 his unit, 403rd Transportation Company D, was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March - 9 October 1971 by Department of Army General Orders Number 6, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit in Vietnam during his period of assignment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

2.  The evidence of record shows he received "excellent," "good," and "fair" conduct and efficiency ratings during his service.  He was twice punished under Article 15 and convicted by special court-martial during his period of active duty.  There is also no evidence he received favorable consideration for award of the Army Good Conduct Medal.  In accordance with regulatory guidance in effect at the time, all character (conduct) and efficiency ratings must have been rated as "excellent" or higher and there must have been no convictions by a court-martial to qualify for the award.  Based on this foregoing, he is disqualified for award of the Army Good Conduct Medal and he is not eligible for the award and its addition to his DD Form 214.

3.  The evidence of record also fails to show he was awarded the CIB.  To be entitled to award of the CIB, the evidence must show that an applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental or smaller size, and must have served in active ground combat while assigned or attached to this infantry unit.

4.  The evidence shows during his period of service in Vietnam he served in MOSs 56A and 57H and was assigned to the 403rd Transportation Company.  The evidence also does not confirm, and he has not sufficiently shown, that he was personally present and participated in active ground combat during his period of service in Vietnam.  The recipient of a CIB must meet all of the eligibility requirements for this award.  Therefore, Soldiers who do not meet the criteria are not eligible for this award and the award is not automatically given to a Soldier for being shot at or for undergoing the hazards of day-to-day combat.  

5.  In view of the foregoing, his records should be corrected 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 adding to Item 24 of his DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 award of the Army Good Conduct Medal and the CIB and there addition 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)                                         AR20100024337





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ABCMR Record of Proceedings (cont)                                         AR20100024337



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