IN THE CASE OF:	  

		BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20110002914 


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 include his award of the Combat Infantryman Badge.

2.  The applicant states he was awarded the Combat Infantryman Badge, but it was omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and orders for the Combat Infantryman Badge.

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 served on active duty in the Army of the United States in military occupational specialty 11C (Infantry Indirect Fire Crewman) from 7 March 1968 through 8 December 1969, attaining the rank of specialist four.

3.  He served in Vietnam with Company A, 1st Battalion, 4th Infantry Regiment, from 4 August 1968 through 30 July 1969.

4.  Headquarters, 4th Infantry Division, Special Orders Number 321, dated 16 November 1963, awarded the applicant the Combat Infantryman Badge.

5.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Mortar Bar, 1st Class Gunner Badge with Rifle Bar, Army Commendation Medal, Purple Heart, and Bronze Star Medal with "V" Device.

6.  His DA Form 20 (Enlisted Qualification Record) reports his conduct and efficiency ratings exclusively as "excellent."  His awards are listed as the National Defense Service Medal, Vietnam Service Medal, two overseas service bars, Army Commendation Medal, Purple Heart, Bronze Star Medal with "V" Device, and Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).

7.  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 to which the applicant was assigned, the 1st Battalion, 4th Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than "excellent" was disqualifying.  


	b.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B and authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, appendix B indicates he participated in the following four campaigns:  Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969), Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969), and Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's award of the Combat Infantryman Badge was omitted from his DD Form 214.  It is appropriate to correct his DD Form 214 to include this award.

2.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to specialist four.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 29 March 1968 through 8 December 1969 and to correct his DD Form 214 to include this award.

3.  The evidence of record shows the applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal, not the one currently shown.  It is appropriate to correct his DD Form 214 to include this award.

4.  In addition to the awards listed on the DD Form 214, the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bars for both the M-14 rifle and M-16 rifle.  The DD Form 214 incorrectly lists this award as the 1st Class Gunner Badge with Rifle Bar.  It is appropriate to correct his DD Form 214 to properly identify this award.


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 the applicant the Army Good Conduct Medal (1st Award) for his period of service from 29 March 1968 through 8 December 1969;

	b.  deleting the Vietnam Service Medal with one bronze service star and 1st Class Gunner Badge with Rifle Bar from item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214; and

	c.  adding the Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) 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)                                         AR20110002914



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ABCMR Record of Proceedings (cont)                                         AR20110002914



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