IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100026298 


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 award of the Combat Infantryman Badge (CIB).

2.  He states he was never awarded the CIB and he was an infantryman while on active duty.

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 12 January 1968.  He completed infantry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  His highest grade attained was sergeant (SGT)/E-5.

3.  He served in Vietnam from 14 June 1968 to 13 June 1969 and was assigned to the following units:

* Company C, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division – 23 June 1968 to 5 July 1968
* Company A, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division – 6 July 1968 to 17 October 1968 and 4 November 1968 to 2 March 1969
* Headquarters and Headquarters Company, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division – 18 October 1968 to 3 November 1968
* Headquarters and Headquarters Company, 3rd Brigade – 3 March 1969 to 9 June 1969

4.  Special Orders Number 341, Headquarters, 9th Infantry Division, dated 6 December 1968, show he was awarded the CIB.

5.  His DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings and one rating of "unknown" during his tenure on active duty.  His service record contains one nonjudicial punishment under Article 15, Uniform Code of Military Justice, dated 12 January 1969, for missing a movement on a combat mission.  His service record does not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

6.  He was released from active duty on 11 January 1970 in the rank of SGT.  He completed 2 years of active military service with no lost time lost.

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

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Army Commendation Medal with "V" Device
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  References:

	a.  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 unit(s) to which he was assigned was/were cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969

	b.  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.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive 1969, and Vietnam Summer-Fall 1969 campaigns.

	c.  Army Regulation 672-5-1 (Decorations and 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; for the 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the CIB; therefore, this badge should be added to his DD Form 214.

2.  The evidence of record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 12 January 1968 through 11 January 1970.  Although he received one Article 15 and one rating of "unknown," these are not disqualifying factors for receiving the first award of the 


Army Good Conduct Medal.  His service record shows he was promoted to SGT and received "excellent" conduct and efficiency ratings during this period of service.  Therefore, it appears he met the requirements for the first award of the Army Good Conduct Medal for the period 12 January 1968 through 11 January 1970 and correction of his records to show this award.

3.  He was assigned to units in Vietnam during periods they were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in five campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect one silver service star for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for 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 (1st Award) for the period 12 January 1968 through 11 January 1970;

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and

	c.  adding the CIB, Army Good Conduct Medal (1st Award), Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with 


Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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)                                         AR20100026298



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ABCMR Record of Proceedings (cont)                                         AR20100026298



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