BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110011993 


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, in effect, issuance of a DD Form 215 (Correction to DD Form 214) to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal (AGCM) and Combat Infantryman Badge (CIB). 

2.  He states he was awarded the AGCM and CIB and received orders for the awards after he was discharged.

3.  He provides a DA Form 1577 (Authorization for Issuance of Awards), a letter he wrote to the U.S. Army Administration Center in 1971, and 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 into the Army of the United States on 9 January 1968.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and assigned to duty in Vietnam.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he was credited with service in Vietnam from 8 June 1968 through 1 May 1969
* item 38 (Record of Assignments) he was assigned for duty with:

* Company C, 2d Battalion (Mechanized), 8th Infantry, 4th Infantry Division, in MOS 11B from an illegible date in June to 7 July 1968
* the 249th General Hospital in Japan as a patient from 8 July to 30 November 1968
* Headquarters and Headquarters Company (HHC), 4th Infantry Division, in MOS 76Y (Unit Supply Specialist) from 1 December 1968 to 5 May 1969

* item 38 he received all "excellent" conduct and efficiency ratings with the exception of one period of "unknown" ratings
* item 40 (Wounds) he received a fragment wound to his right thigh on 1 July 1968

4.  On 8 January 1970, he was honorably released from active duty after completing 2 years of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued at that time shows the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge (M-14)
* Marksman Marksmanship Qualification Badge (M-16 and M-60)
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal
* Purple Heart
* two overseas service bars

5.  His record does not contain orders awarding him the AGCM or CIB.

6.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM.  

7.  On 5 December 1972, the Office of the Adjutant General, Washington, DC, issued a DA Form 1577 showing the applicant was authorized issuance of the AGCM and CIB.

8.  Army Regulation 672-5-1 (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 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.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

10.  A review of the available records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

11.  General Orders Number 3558, issued by Headquarters, 4th Infantry Division, dated 1 July 1969, announced award of the Army Commendation Medal (ARCOM) to him for his meritorious service during the period June 1968 to June 1969.

12.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)

13.  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 both the 2d Battalion, 8th Infantry, and HHC, 4th Infantry Division, were cited for the following unit awards as subordinate units of the 4th Infantry Division:

* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969, by Department of the Army General Orders (DAGO) Number 3, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969, by DAGO 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the Office of the Adjutant General authorized issuance of the AGCM and CIB to the applicant in 1972.  Although the documentation upon which the Office of the Adjutant General based the decision to issue these decorations is not available, a review of his record confirms that his service met the criteria for both awards.  Therefore, it would be appropriate to issue a DD Form 215 (Correction to DD Form 214) adding the AGCM and CIB to his DD Form 214.

2.  General orders announced award of the ARCOM to him for his meritorious service from June 1968 to June 1969.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded VSM.

4.  He was assigned to units in Vietnam during a period for which they were cited for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  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 issuing a DD Form 215 to:

	a.  delete the VSM from item 24 of his DD Form 214; and 

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

* ARCOM
* AGCM
* VSM with four bronze service stars
* CIB
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Civil Actions Honor Medal First Class Unit Citation



      _______ _   _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)                                         AR20110011993





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011993



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1