BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110001772 


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 awards of the:

* Combat Infantryman Badge
* Army Commendation Medal with "V" Device

2.  The applicant states the above awards are not listed on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Orders awarding him the Army Commendation Medal with "V" Device

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 records show he was inducted into the Army of the United States on 25 March 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialties 11C (Indirect Fire Crewman) and 11B (Light Weapons Infantryman).  

3.  He served in Vietnam from 17 February 1969 to 17 December 1969.  He was assigned to Troop D, 1st Squadron, 9th Cavalry, 1st Cavalry Division.

4.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 21 December 1969 and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal
* Vietnam Cross of Gallantry with Palm Unit Citation
* Army Commendation Medal
* Air Medal

5.  Headquarters, 1st Cavalry Division, published the following orders:

* Special Orders (SO) Number 93, dated 3 April 1969, awarded him the Combat Infantryman Badge
* General Orders (GO) Number 12293, dated 9 October 1969, awarded him the Army Commendation Medal with "V" Device for heroism on                  14 September 1969

6.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

7.  A review of his service record shows no derogatory information that would disqualify him for award of the Army Good Conduct Medal (1st Award).  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout of his military service 


8.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Combat Infantryman Badge or Good Conduct Medal (1st Award) and there are no orders in his records that show he was awarded the Combat Infantryman Badge or Good Conduct Medal.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 1st Squadron, 9th Cavalry, the unit was awarded the Valorous Unit Award for service from 1 to 31 October 1969 based on Department of the Army GO Number 32, dated 1973.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the campaigns below.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

12.  SO Number 95, issued by Headquarters, 2nd Basic Combat Training Brigade, Fort Gordon, GA, dated 17 May 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

13.  SO Number 151, issued by Headquarters, 1st Advanced Individual Training Brigade, Fort Dix, NJ, dated 27 June 1968, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber). 






DISCUSSION AND CONCLUSIONS:

1.  GO's awarded him the Army Commendation Medal with "V" Device for heroism.  There is no indication he was awarded a second award of the Army Commendation Medal.  It appears his DD Form 214 listed this award but inadvertently left off the "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show the "V" Device.

2.  SO's awarded him the Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), none of which are shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  He served honorably from 25 March 1968 through 21 December 1969.  He attained the rank of SGT/E-5, served in Vietnam, and received "excellent" conduct and efficiency ratings throughout his military service.  In the absence of any derogatory information that would have disqualified him it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of qualifying service ending with the termination of a period of Federal military service and correction of his DD Form 214 to show this medal.

4.  GO's awarded his unit in Vietnam the Valorous Unit Award when he was assigned to the unit.  This award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  He was awarded the Vietnam Service Medal.  He also participated in four campaigns while serving in the Republic of Vietnam; therefore, he is entitled to four bronze service stars to be affixed to the 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 that the evidence presented was 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 exemplary behavior, efficiency, and fidelity from 25 March 1968 through 21 December 1969;

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

   c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal with "V" Device
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)




      _______ _   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)                                         AR20110001772



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001772



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1