IN THE CASE OF:	   

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110007925 


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 Combat Infantryman Badge (CIB) and to show his actual date of induction.

2.  He states that although he has the citation for the CIB, it is not listed on his DD Form 214.

3.  He provides:

* DD Form 214
* Special Orders Number 250

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.  Item 24 of the applicant's DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 22 August 1967.  He completed training in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record), dated 25 May 1968, shows:

	a.  in item 22 (MOS) – his primary MOS as 11B, awarded 12 January 1968;
	
	b.  in item 31 (Foreign Service) – he served in the Republic of Vietnam (RVN) from 19 May 1968 to 18 May 1969;

	c.  in item 38 (Record of Assignments):
   
   (1)  he was assigned to the U.S. Reception Station, Fort Dix, NJ on 22 August 1967;

      (2)  he was assigned to B Company, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, from 25 May to 24 December 1968 in duty MOS 11B with duties as a rifleman;

      (3)  he was assigned to Headquarters and Headquarters Company, 1st Brigade, 1st Cavalry Division on 25 December 1968 in duty MOS 11B with duties as an automatic rifleman; and 

      (4)  he received all "excellent" conduct and efficiency ratings;

	d.  Item 41 – (Awards and Decorations) shows the National Defense
Service Medal (NDSM), Combat Infantryman Badge (CIB) (awarded by Special Order Number 250), Vietnam Service Medal (VSM), Bronze Star Medal (BSM), Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Rifle Bar.

4.  His record contains the following special orders:

   a.  Number 240 Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, dated 28 August 1967, show his basic active service date and basic pay entry date as 22 August 1967;
      
   b.  Number 287 Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 14 October 1967, show he was awarded the Expert Qualification Badge with Rifle Bar (M-14);
      
   c.  Number 302, Headquarters, Fort Polk, Fort Polk, LA, dated 21 November 1967, show he was awarded the Marksman Qualification Badge with Rifle Bar (M-16); and 
      
   d.  Number 250, Headquarters, 1st Air Cavalry Division, dated 6 September 1968, show he was awarded the CIB.

5.  He was honorably released from active duty on 19 May 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows in:

	a.  item 10c (Date Inducted) 18 October 1968; and 

   b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the BSM, RVNCM, VSM, two Overseas Service Bars, AM, and NDSM.

6.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows B Company, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, the unit to which the applicant was assigned, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for action during the period 9 August 1965 to 19 May 1969 by Department of the Army (DAGO) Number 59, dated 1969.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase IV (2 April – 30 June 1968)
* 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)

DISCUSSION AND CONCLUSIONS:

1.  Special orders show he was awarded the CIB, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to have his DD Form 214 corrected to show award of these badges.

2.  The evidence of record shows he was inducted into the Army of the United States on 22 August 1967.  Therefore, his DD Form 214 should be corrected to show this date.

3.  The available evidence confirms the applicant served in the Army from 22 August 1967 to 19 May 1969.  His records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information that would have disqualified the applicant from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

4.  DAGOs awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to this citation.

5.  Records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 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 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 him the AGCM (1st Award) for the period 22 August 1967 to 18 May 1969;

	b.  deleting 18 October 1968 from item 10c of his DD Form 214;

	c.  adding 22 August 1967 to item 10c of his DD Form 214;

d.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and
		
   e.  adding to item 24 of his DD Form 214 the Combat Infantryman Badge,
Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman Qualification Badge with Rifle Bar (M-16), and Expert Qualification Badge with Rifle Bar (M-14).  



      ______________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)                                         AR20110007925



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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