IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110003073 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 17 February 1981 to show award of the Combat Infantryman Badge.

2.  He states he was assigned to Company A, 5th Battalion, 12th Infantry Regiment, 199th Light Infantry Brigade in Vietnam for over 90 days.  He was involved in a battle on 13 May 1968.  

3.  He provides no additional documents in support of his application.  

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 enlisted in the Regular Army on 25 October 1966 for a period of 3 years.  He was trained in and awarded military occupational specialty (MOS) 56D (subsistence storage specialist).  On 1 April 1968, he was reassigned to Vietnam with his unit, Company A, 5th Battalion, 12th Infantry Regiment, 199th Light Infantry Brigade for duty as an automatic rifleman.  On 21 May 1968, he was awarded primary MOS 11B (light weapons infantryman).

3.  He was honorably discharged on 24 June 1968 for the purpose of immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for this period of service shows the Combat Infantryman Badge (1st Award).

4.  On 25 June 1968, he reenlisted for a period of 3 years.

5.  He was promoted to specialist five (SP5)/E-5 on 18 March 1969 and he was awarded the primary MOS of 76P (stock control and accounting specialist).  He departed Vietnam on 25 October 1969 en route to his follow on assignment at Fort Riley, KS.

6.  He was honorably released from active duty on 24 March 1971 in his rank of SP5 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his remaining Reserve obligation.  He completed 4 years and 5 months of total active service with no time lost.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) for two consecutive periods of service shows he received "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  His DD Form 214 for the period ending 24 March 1971 does not show award of the Combat Infantryman Badge.

9.  On 18 November 1976, he enlisted in the Regular Army.  He was promoted to staff sergeant (SSG) on 1 November 1979.  He continued to serve until he was honorably discharged on 17 February 1981 by reason of completion of required service in the rank of SSG.  



10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized (All periods of service)) of his DD Form 214 for this period of service shows the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars, National Defense Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

11.  References:

	a.  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 will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

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

	b.  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 5th Battalion, 12th Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period April 1968 through 31 August 1970 by Department of the Army General Orders Number 51, dated 1971.

	c.  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; for 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.  There must have been no convictions by a court-martial.  



	d.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 24 March 1971 shows award of the Combat Infantryman Badge (1st Award).  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 17 February 1981 to show this award.

2.  His service record shows he received "excellent" conduct and efficiency ratings throughout his tenure on active duty during his first two periods of service.  He was also promoted to SP5 during this period.  There is no record of any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 25 October 1966 through 24 October 1969.

3.  Additionally, there is no record of any disciplinary actions or a commander's disqualification for the second award of the Army Good Conduct Medal for the period 18 November 1976 through 17 November 1979.  Therefore, he is entitled to the second award of the Army Good Conduct Medal for the period 
18 November 1976 through 17 November 1979 and correction of his DD Form 214 for the period ending 17 February 1981 to show this award.

4.  His unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 for the period ending 17 February 1981 should be corrected to show this unit award.

5.  He participated in six campaign phases during his service in Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 for the period ending 17 February 1981 to show these service stars.



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.  deleting from item 13 of his DD Form 214 for the period ending
17 February 1981 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 25 October 1966 through 24 October 1969; 

	c.  awarding him the Army Good Conduct Medal (2nd Award) for the period 18 November 1976 through 17 November 1979; and 

	d.  adding to item 13 of his DD Form 214 for the period ending 17 February 1971 the:

* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* Combat Infantryman Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation




      ___________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)                                         AR20090010900



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ABCMR Record of Proceedings (cont)                                         AR20110003073



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