IN THE CASE OF:	  

		BOARD DATE:	    20 September 2011

		DOCKET NUMBER:  AR20110005268 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Combat Infantryman Badge (CIB).

2.  The applicant states that his DD Form 214 does not reflect his award of the CIB.

3.  The applicant provides a copy of his DD Form 214. 

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 was inducted on 14 January 1966.  He completed his basic training and his advanced individual training as a light weapons infantryman at  Fort Bliss, Texas and was transferred to Fort Riley, Kansas for assignment to Company B, 3d Battalion, 60th Infantry Regiment, 9th Infantry Division.

3.  On 1 December 1966, he was transferred to Vietnam with his unit and on 18 February 1967 Special Orders Number 49 issued by Headquarters, 9th Infantry Division awarded the applicant the CIB.

4.  On 18 May 1967 he was transferred to Company B, 3d Battalion, 7th Infantry Regiment, 199th Infantry Brigade. 

5.  After serving in two campaigns, he departed Vietnam on 20 November 1967 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on 21 November 1967 as an overseas returnee.  He had served 1 year, 10 months and 8 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal.

6.  A review of the applicant's records shows the applicant had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and found to have merit.  He was awarded the CIB and it was erroneously omitted from his DD Form 214.  Accordingly, it should be added to his DD Form 214 at this time.

2.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 14 January 1966 to 21 November 1967 and his DD Form 214 should be corrected to show this award.

3.  Additionally, the evidence of record shows that the applicant participated in two campaigns and thus he is entitled to wear two bronze service stars on his already awarded VSM.  The applicant's unit was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Accordingly, those unit awards should be added to his records at this time as well.

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:

* Deleting the award of the VSM from his DD Form 214
* Adding the award of the VSM with 2 bronze service stars to his DD Form 214
* Adding the awards of the CIB, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214
* Awarding him the AGCM (first award) for the period of 14 January 1966 to 21 November 1967 and adding it to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20110005268





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ABCMR Record of Proceedings (cont)                                         AR20110005268



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