IN THE CASE OF:	  

		BOARD DATE:  15 March 2012

		DOCKET NUMBER:  AR20110019106 


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 that he be awarded the Combat Infantryman Badge (CIB) and all authorized awards.

2.  The applicant states that he served a combat tour in Vietnam as an infantryman and he was told that he was authorized the CIB and that he was being awarded the Army Commendation Medal (ARCOM); however, neither award is listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of 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 7 November 1967.  He completed basic training at Fort Ord, California and advanced individual training in military occupational specialty (MOS) 11B (Light Weapons Infantryman) at Fort Lewis, Washington before being transferred to Vietnam on 19 April 1968.

3.  He was initially assigned to Company D, 2d Battalion, 8th Cavalry Regiment, 1st Cavalry Division for duty as a rifleman.  He was advanced to the pay grade of E-3 on 24 April 1968.

4.  On 3 July 1968, he was assigned to the 611th Ordnance Company for duty as an ammo storage helper.  On 19 October 1968, he was advanced to the pay grade of E-4 and he was awarded the primary MOS of 55B20 (Ammunition Storage Specialist) and MOS 11B20 was awarded as his secondary MOS.

5.  On 11 April 1969, he departed Vietnam and was transferred to Fort Carson, Colorado for duty as an ammunition storage specialist where he remained until he was honorably released from active duty (REFRAD) on 3 July 1969 due to hardship.  He had served 1 year, 7 months, and 27 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with one bronze service star and Republic of Vietnam Campaign Medal with Device 1960.

6.  A review of his records show that he had excellent conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  A review of the applicant's records failed to show any evidence that he was awarded the CIB or any other awards and it failed to show that he engaged the enemy in combat while in Vietnam.  Additionally, a search of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the applicant any additional awards. 

8.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

9.  Army Regulation 600-8-22 states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records contain no orders awarding him the CIB and/or the ARCOM.  There is also no evidence to show that he engaged the enemy in combat while assigned as an infantryman to an infantry unit.  Accordingly, these awards should not be awarded or added to his DD Form 214 at this time.

2.  However, after carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 7 November 1967 through 3 July 1969.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

3.  The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM at this time.



4.  Additionally, the applicant’s unit was awarded a MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, he is entitled to have those awards added to his DD Form 214 at this time.

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 AGCM (1st Award) for his service from 7 November 1967 through 3 July1969 while serving in the rank of SP4 and adding it to his DD Form 214
* adding the awards of the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

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 awarding him the CIB and the ARCOM.




      _______ _   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)                                         AR20110019106



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ABCMR Record of Proceedings (cont)                                         AR20110019106



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