IN THE CASE OF:	  

		BOARD DATE:	    21 June 2011

		DOCKET NUMBER:  AR20100028779 


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) with an effective date of 15 January 1970 to add his award of the Combat Infantryman Badge.

2.  The applicant states he was an infantryman working in his military occupational specialty (MOS) in the Republic of Vietnam for 10 months.

3.  The applicant provides:

* orders awarding him the Bronze Star Medal
* orders awarding him the Air Medal
* his DD Form 214
* four pages from his military personnel records jacket (MPRJ)
* five identical statements from five fellow Soldiers

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.  He was inducted into the Army of the United States on 16 January 1968.  He completed basic combat and advanced individual training and was awarded MOS 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 68, dated 8 March 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, issued:

* Special Orders Number 097, dated 17 April 1968, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Special Orders Number 103, dated 24 April 1968, awarding him the 1st Class Gunner Badge [now known as the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar]

5.  He was assigned to the 5th Battalion, 7th Cavalry, in the Republic of Vietnam from 20 June 1968 to 12 June 1969.  He was promoted to sergeant/pay grade 
E-5 on 12 April 1969.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) indicates he was awarded the Combat Infantryman Badge and lists the authority as 1st Air Cavalry Special Orders Number 13, dated 13 January 1969.

7.  On 15 January 1970, he was released from active duty.  He completed 2 years of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Bronze Star Medal

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

9.  Based on the applicant's dates of service in Vietnam, table B-1 of Army Regulation 600-8-22 (Military Awards) shows he participated in the:

* Vietnam Counteroffensive Phase IV Campaign (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V Campaign (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI Campaign (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 Campaign (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 Campaign (9 June-31 October 1969)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to the 5th Battalion, 7th Cavalry, the unit received the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 and for the period May 1969 to February 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970

11.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. 
However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.

13.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B.  A silver service star is worn instead of five bronze service stars.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, stated that all decorations, service medals, campaign credits, and badges awarded or authorized on the DA Form 20 would be entered in item 24 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The DA Form 20 is a source document for entries on the DD Form 214.  His DA Form 20 shows he was awarded the Combat Infantryman Badge and cites the authority.  Therefore, it is appropriate to add this badge to his DD Form 214.

2.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 16 January 1968 to 15 January 1970 ending with termination of a period of Federal military service.

3.  He participated in five campaigns during his service in Vietnam.  Therefore, he is authorized one silver service star to be worn on his Vietnam Service Medal.

4.  Based on his service with the 5th Battalion, 7th Cavalry, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these unit awards should be added to his DD Form 214.

5.  Orders in his MPRJ show he was awarded the following badges which should also be added to his DD Form 214:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

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 16 January 1968 to 15 January 1970 and

	b.  amending item 24 of his DD Form 214 with an effective date of 15 January 1970 to include the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _ 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)                                         AR20100028779



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ABCMR Record of Proceedings (cont)                                         AR20100028779



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