BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100028060 


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 Combat Infantryman Badge (CIB) and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

2.  The applicant states the CIB was presented to him in 1972 and his unit was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.

3.  The applicant provides his DD Form 214, CIB orders, and page 58 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).

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.  His military records show he was inducted into the Army of the United States on 23 March 1971.  He completed initial entry training, was awarded the military occupational specialty of indirect fire crewman, and was promoted to pay grade E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows during his tour of duty in the RVN he was assigned to Companies D and E, 4th Battalion, 3d Infantry, 11th Brigade, during the period 9 September to 2 November 1971 and to Troop A, 1st Squadron, 1st Cavalry, 23d Infantry Division, during the period 3 November 1971 to 28 March 1972.

4.  Headquarters, 196th Infantry Brigade, Special Orders Number 19, dated 19 January 1972, awarded him the CIB.

5.  He was honorably released from active duty on 30 March 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed a total of 1 year and 8 days of creditable active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, and one overseas service bar.

7.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  His DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the Consolidation I (1 July-30 November 1971) and Consolidation II (1 December 1971-29 March 1972) campaigns.

9.  Department of the Army Pamphlet 672-3 shows the unit he was assigned to while serving in the RVN was awarded the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the CIB.  As such, he is entitled to have this badge added to his DD Form 214.

2.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 23 March 1971 through 30 March 1972 and add this award to his DD Form 214.

3.  He was awarded the Vietnam Service Medal and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with two bronze service stars.

4.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

5.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 23 March 1971 through 30 March 1972;

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

	c.  adding the Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, and RVN Gallantry Cross with Palm Unit Citation 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)                                         AR20100028060



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ABCMR Record of Proceedings (cont)                                         AR20100028060



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