IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110017844 


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 records to show award of Combat Infantryman Badge and all other awards he is authorized.

2.  The applicant states he was awarded the Combat Infantryman Badge and discovered that all of his awards were not recorded on his separation document when he applied for veteran benefits.

3.  The applicant provides copies of his separation and discharge documents in support of his application.

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 and entered active duty in the Army of the United States on 7 March 1968.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):  Vietnam from 29 March 1969 through
27 February 1970;

	b.  item 33 (Appointments and Reductions):  he was promoted to sergeant (SGT)/pay grade E-5 on 17 August 1969;

	c.  item 38 (Record of Assignments):

	 	(1)  Company B, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade, from
14 April 1969 through 31 October 1969;

	 	(2)  Company E, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade, from
1 November 1969 through 23 February 1970; and

   	(3)  he received "excellent" conduct and efficiency ratings throughout his service;
	
   d.  item 39 (Campaigns):  Tet 1969 Counteroffensive; and

	e.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* 2 Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar

4.  Headquarters, 199th Infantry Brigade (Separate) (Light), Special Orders Number 157, dated 6 June 1969, awarded the applicant the Combat Infantryman Badge.

5.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty this period on 7 March 1968, was honorably released from active duty on 28 February 1970, and transferred to the U.S Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.
   a.  He completed 1 year, 11 months, and 24 days of active service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:
   
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal

6.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

7.  Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, North Carolina, Special Orders Number 116, dated 25 April 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

8.  Headquarters, 1st Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, New Jersey, Special Orders Number 127, dated
28 May 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar.

9.  Headquarters, Fort Campbell, Kentucky, Special Orders Number 26, dated
27 January 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16A1) Bar.

10.  In support of his application, the applicant provides the following documents:

	a.  Headquarters, U.S. Army Personnel Center, Oakland, California, Special Orders Number 59, dated 28 February 1970; DD Form 214; and Certificate of Appreciation, dated 28 February 1970, that document the applicant's honorable active service from 7 March 1968 to 28 February 1970; and

	b.  Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, Missouri, Letter Orders Number 02-175251, dated 28 February 1973 and Letter Orders Number 02-1044609, dated
27 February 1974, along with a DD Form 256A (Honorable Discharge Certificate), dated 1 March 1974, that document the applicant's honorable discharge from the USAR and U.S. Army.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  

   a.  Paragraph 2-13 provides the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

12.  A review of the applicant's military personnel records failed to show he was awarded the Army Good Conduct Medal (1st Award).  This records review also failed to reveal any adverse information.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company B, 2nd Battalion, 3rd Infantry, the battalion was awarded the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by Department of the Army General Orders (DAGO) Number 31 (1971)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by DAGO Number 51 (1971)

15.  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.  For Vietnam service, one Overseas Service Bar was authorized for each period of six 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.  The applicant requests correction of his records to show all of his awards and decorations.

2.  The evidence of record shows:

	a.  special orders awarded the applicant the:

* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle (M-14 &  M16A1) and Machinegun (M-60) Bars
   
   b.  the applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam.  Thus, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal;

   c.  general orders awarded the applicant's unit the
   
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   d.  he qualified for 2 Overseas Service Bars based on his service in Vietnam.

3.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 7 March 1968 through
28 February 1970.

	a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).
   
   b.  He was promoted to sergeant with less than 18 months of active service.

   c.  He received "excellent" conduct and efficiency ratings during his service.
   
   
   d.  Despite the absence of the unit commander's recommendation for the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this medal.

4.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show all of his awards and decorations, as recommended below.

BOARD VOTE:

___x____  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  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 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 Army Good Conduct Medal (1st Award) for the period
7 March 1968 through 28 February 1970;

   b.  deleting from item 24 of his DD Form 214 all of the award entries; and
   
   c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle (M-14 & M-16A1) and Machinegun (M-60) Bars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 2 Overseas Service Bars

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of the applicant's service in arms.




      _______ _   _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)                                         AR20110017844



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ABCMR Record of Proceedings (cont)                                         AR20110017844



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