IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006412 


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 award of the Bronze Star Medal and Combat Infantryman Badge.

2.  The applicant states he was awarded the Bronze Star Medal and Combat Infantryman Badge while serving in combat for over ten months in the Republic of Vietnam and attributes their omission to clerical error.

3.  The applicant provides a copy of his Bronze Star Medal Citation and  newspaper accounts from the Bluefield Daily Telegraph. 

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 into the Army of the United States on 20 January 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).  He was stationed in the Republic of Vietnam from 13 July 1966 through 14 July 1967, where he was further assigned to Company B,                 1st Battalion, 26th Infantry Regiment.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  

3.  On 19 January 1968, he was honorably released from active duty.  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 with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal with “V” Device
* 2 Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  His record contains General Orders Number 5494, issued by Headquarters, 1st Infantry Division, dated 2 August 1967, which show he was awarded the Bronze Star Medal for meritorious service during the period July 1966 to June 1967.

5.  His record contains General Orders Number 1800, issued by Headquarters, 1st Infantry Division, dated 22 March 1967, which show he was awarded the Army Commendation Medal with “V” Device for heroism during the period 5 August 1966 to 16 October 1966.

6.  The Combat Infantryman Badge is not included in the list of earned awards contained in item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) and the applicant's Military Personnel Records Jacket is void of orders or any other documents that indicate he was ever recommended for or awarded the CIB during his active duty tenure.

7.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal.  

8.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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.  

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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.  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 during his assignment to Company B, 1st Battalion, 26th Infantry Regiment, his unit was cited for the:

   a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 by Department of the Army General Order (DAGO) Number 53, dated 1970.

   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period         12 July 1965 through 16 October 1968 by DAGO Number 21, dated 1969.

   c.  Valorous Unit Award for the period 1 April 1967 by DAGO Number 37, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Evidence of record shows he was serving in an infantry MOS while assigned to an infantry unit of brigade, regimental, or smaller size while serving in the Republic of Vietnam.  He also was awarded the Army Commendation Medal with “V” Device for heroism while serving in active ground combat.  Therefore, there is sufficient evidence upon which to base correction of his DD Form 214 to show award of the Combat Infantryman Badge.

3.  The applicant received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is eligible for the first award of the Army Good Conduct Medal for the period 20 January 1966 through 19 January 1968 and correction of his DD Form 214 to show this award.

4.  While the applicant was assigned to his unit, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Valorous Unit Award.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 the period  20 January 1966 through 19 January 1968; and

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

* Bronze Star Medal
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
      
      
      
      
      _______ _   __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)                                         AR20110006412



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ABCMR Record of Proceedings (cont)                                         AR20110006412



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