BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110004507 


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 that the Combat Infantryman Badge (CIB) be removed from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 July 1967.  By phone conversation with a Board analyst on 12 September 2011, he further requests to be awarded all awards and decorations to which he is entitled.

2.  He states that he is not entitled to the CIB and would like it removed from his DD Form 214.

3.  The applicant provides no additional documentation 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 7 July 1964 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 76M (Ammunition Records Specialist).

3.  He arrived in U.S. Army Europe (USAREUR) on 5 March 1965 where he  performed duties as an ammunition records clerk and supply clerk while assigned to various units.  He departed USAREUR on 11 February 1966.

4.  He arrived in the Republic of Vietnam (RVN) and was assigned to the A Company, 701st Maintenance Battalion on 14 February 1966 where he performed duties as an ordinance supply specialist.  He departed the RVN on 19 December 1966.

5.  On 6 July 1967, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4, after completing 3 years of total active service with no time lost.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of his DD Form 214 shows award of the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the CIB.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his tenure of service.

8.  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.  


9.  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 that, at the time of the applicant's assignment to the 701st Maintenance Battalion, the unit was awarded:

* Meritorious Unit Commendation during the period March 1966 through December 1966 based on Department of the Army General Orders (DAGO) 17, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 12 July 1965 through 16 October 1968 based on DAGO 21, dated 1969
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period October 1965 through 7 April 1970 based on DAGO 53, dated 1970

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

11.  Army Regulation 600-8-22 paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that, during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)  
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is not entitled to the CIB and would like it removed from his DD Form 214.  Evidence of record shows he was awarded MOS 76M, performed duties as an ammunition records clerk and supply clerk during his active duty service, and did not serve in an infantry unit.  He is not entitled to the CIB.  It was erroneously added to his DD Form 214; therefore, item 24 of his DD Form 214 should be amended to delete the CIB.

2.  He was honorably discharged in the rank/grade of SP4/E-4 with 3 years of total active service with no time lost.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 7 July 1964 through 6 July 1967 based on completion of a period of qualifying service.  Therefore, he is entitled to the 1st award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

3.  The applicant was assigned to units during a period of time these units were awarded Meritorious Unit Commendation, the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in four campaigns makes him eligible for three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be amended to add these awards.

BOARD VOTE:

____x____  _x_______  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  by deleting in item 24 of his DD Form 214 the CIB;

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
7 July 1964 through 6 July 1967; 


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

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be added to his already-awarded Vietnam Service Medal




      _______ _   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)                                         AR20110004507





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ABCMR Record of Proceedings (cont)                                         AR20110004507



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