IN THE CASE OF:	

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110016716 


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 the Combat Infantryman Badge (CIB).

2.  He states the CIB is not listed on his DD Form 214 and he wants to get credit for his military tour.

3.  He 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 was inducted into the Army of the United States on 6 August 1969.  After completing initial entry training, he was awarded military occupational specialty 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 17 March 1970 to 16 March 1971
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with:

* Company A, 5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), from 27 March to 5 April 1970
* Company C, 5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), from 6 April 1970 to 6 March 1971

* item 38 he received all "excellent" conduct and efficiency ratings

4.  On 28 October 1970, Headquarters, 1st Cavalry Division (Airmobile), issued Special Orders (SO) Number 301 Extract announcing award of the CIB to the applicant.

5.  On 11 March 1971, he was honorably released from active duty by reason of early separation of an overseas returnee.  He completed 1 year, 7 months, and 6 days of total active service.  

6.  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 (VSM)
* Vietnam Campaign Medal
* Bronze Star Medal with "V" Device
* Army Commendation Medal (ARCOM)
* Air Medal

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

8.  On 13 February 1971, Headquarters, 1st Cavalry Division (Airmobile), issued:

* General Orders (GO) Number 2891 announcing award of the ARCOM to the applicant for meritorious service from March 1970 to March 1971
* GO 2906 announcing award of the ARCOM (1st Oak Leaf Cluster) to the applicant for meritorious achievement from 25 November 1970 to 25 January 1971

9.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (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.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  His record is void of documentation showing he was convicted by court-martial or that he received a commander's disqualification for award of the AGCM.

12.  Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, issued:

* SO 260, dated 1 December 1969, announcing award of the Marksman Marksmanship Qualification Badge with Machinegun Bar to him
* SO 261, dated 2 December 1969, announcing award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar to him

13.  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 three campaigns:  

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 5th Battalion, 7th Cavalry, was cited for award of the:

* Valorous Unit Award (VUA) for the period 1 May to 29 June 1970, by Department of the Army GO (DAGO) Number 43, dated 1972
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971, by DAGO 42, dated 1972
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970, by DAGO 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the CIB, Marksman Marksmanship Qualification Badge with Machinegun Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  GO awarded him the ARCOM and ARCOM (1st Oak Leaf Cluster).  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM (2d Award).

3.  He received all "excellent" conduct and efficiency ratings throughout his service, and there is no record of a commander's disqualification for award of the AGCM.  In light of his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 6 August 1969 to 11 March 1971 and to correct his DD Form 214 to show this award.

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

5.  He was assigned to a unit in Vietnam during a period for which it was cited for award of the VUA, 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:

	a.  awarding him the AGCM (1st Award) for the period 6 August 1969 to 11 March 1971;

	b.  deleting the VSM and ARCOM from item 24 of his DD Form 214; and

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

* ARCOM (2d Award)
* AGCM
* VSM with three bronze service stars
* CIB
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Machinegun Bar
* VUA
* 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)                                         AR20110016716





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ABCMR Record of Proceedings (cont)                                         AR20110016716



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