IN THE CASE OF:	  

		BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110012677 


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). 

2.  He states that an error by the clerk at the time of his discharge resulted in the CIB not being annotated on his DD Form 214.

3.  The applicant provides his DD Form 214 and a page of his DA Form 20 (Enlisted Qualification Record).

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 record shows that he enlisted in the Regular Army (RA) on 
10 October 1967.  Upon completion of initial entry training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows:

   a.  he served in the Republic of Vietnam (RVN) from 7 May 1968 to 13 May 1969;

   b.  in Item 38 (Record of Assignments) he was assigned to: 

   (1)  Company B, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division
from 24 May to 2 September 1968 in duty MOS 11B with duties as a rifleman; 
   
   (2)  U.S. Army Hospital, Camp Oji, Japan, from 3 September to 
24 October 1968 as a patient; 
   
   (3)  Company B, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division,
from 25 October 1968 to 12 May 1969 in duty MOS 11B with duties as a rifleman; and 

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

   c.  in Item 41 (Awards and Decorations) shows Special Orders Number 198, issued by Headquarters, 4th Infantry Division, dated 16 July 1968, awarded him the CIB.

4.  His DD Form 214 shows:

   a.  he was honorably released from active duty on 14 May 1969 and
transferred to the U.S. Army Reserve Control Group (Annual Training); and   

   b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Republic of Vietnam Campaign Medal with "1960" Device, Vietnam Service Medal, and two Overseas Service Bars.

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


6.  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.  

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows B Company, 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division, the unit to which the applicant was assigned, was cited for award of the:

   a.  RVN Gallantry Cross with Palm Unit Citation for action during the period October 1966 to 28 July 1968 by Department of the Army General Order (DAGO) Number 3 dated 1970; and 
      
   b.  Republic of Vietnam Civil Actions Honor Medal, First Class for action during the period 1 October 1966 to 31 October 1969 by DAGO Number 53, dated 1970. 
      
8.  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.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

2.  The available evidence confirms the applicant served in the Army from 
10 October 1967 to 14 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.

3.  DAGOs awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show these citations.

4.  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 10 October 1967 to 
14 May 1969;

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and
		
   c.  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, and Republic of Vietnam 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)                                         AR20110012677



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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