IN THE CASE OF:	  

		BOARD DATE:	  3 November 2012

		DOCKET NUMBER:  AR20110009639 


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:

* He served as an infantry Soldier with the 1st Cavalry Division
* Award of the Combat Infantryman Badge

2.  The applicant states, in effect, he completed advanced individual training (AIT) and he was awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman).  However, in Vietnam, he served with the 1st Cavalry Division which was an infantry unit. 

3.  The applicant provides 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's records show he was inducted into the Army of the United States on 9 August 1966.  He completed basic combat training and AIT and he was awarded MOS 11H (Heavy Anti-Armor Weapons Infantryman).

3.  He served in the Vietnam as an ammunition bearer and gunner, in MOS 11C, from 4 February 1967 to 29 January 1968.  He was assigned to Company B, 2nd Battalion (Airborne), 8th Cavalry, 1st Cavalry Division.

4.  While in Vietnam, Headquarters, 1st Cavalry Division, published the following Special Orders (SO):

* SO Number 143, dated 23 May 1967, awarded him the Combat Infantryman Badge
* SO Number 235, dated 23 August 1967, awarded him MOS 11C

5.  Subsequent to completion of his Vietnam tour, he was assigned to Headquarters and Headquarters Company (HHC), 5th Battalion, 1st Infantry Regiment, 6th Infantry Division, Fort Campbell, KY, in MOS 11C.

6.  He was honorably released from active duty on 6 August 1968.  His DD Form 214 shows he completed 1 year, 11 months, and 26 days of creditable active service, of which 11 months and 26 days was foreign service.  This form also shows in:

* Item 12 (Last Duty Assignment and Major Command) - HHC, 5th Battalion, 1st Infantry
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* One Overseas Service Bar
* Vietnam Service Medal
* Vietnam Campaign Medal

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time stated that the Soldier's last unit of assignment and major command are entered in item 12. 

8.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

9.  His DA Form 20 (Enlisted Qualification Record) shows the following entries:

	a.  Item 22 (Military Occupational Specialties) shows award of MOS 11C on 23 August 1967.

	b.  Item 38 (Record of Assignment) shows he received "excellent" conduct and efficiency ratings throughout his military service, except for an "unknown" rating from 28 March to 18 June 1968.

10.  His records contain a record of nonjudicial punishment (NJP), dated 28 April 1967, for being found sleeping while posted as a look-out guard.  However, aside from that, there is no record of lost time, court-martial, or any other derogatory information.  

11.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Counteroffensive Phase II; 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III; 1 June 1967 - 29 January 1968

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during period his period of service in Vietnam from 4 February 1967 to 29 January 1968, the 2nd Battalion, 8th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969, based on Department of the Army General Orders Number 59, dated 1969.

14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his
DD Form 214 to show this badge. 

2.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  He served honorably during the period 9 August 1966 through 6 August 1968. He served in Vietnam, was awarded a combat award, and he received "excellent" conduct and efficiency ratings throughout his military service.  Aside from his minor NJP and lacking any other derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to the Vietnam Service Medal.

5.  He completed 11 months and 26 days of foreign service in Vietnam from 4 February 1967 to 29 January 1968.  This period of service qualifies him for two overseas service bars.  Therefore, he is entitled to correction of his DD Form 214 to show both bars.

6.  With respect to his last unit of assignment, although he served with the 1st Cavalry Division in Vietnam, his last unit of assignment was with HHC, 5th Battalion, 1st Infantry Regiment at Fort Campbell, KY, which is properly shown in item 12 of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 August 1966 through 6 August 1968
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal and One Overseas Service Bar 
* adding to item 24 of his DD Form 214 the:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with two bronze service stars
* Two Overseas Service Bars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show he was assigned to the 1st Cavalry Division.



      _______ _   _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)                                         AR20110009639



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ABCMR Record of Proceedings (cont)                                         AR20110009639



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