IN THE CASE OF:	  

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110019753 


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 his award of the Combat Infantryman Badge (CIB).

2.  The applicant states:

* he received the CIB while serving in Vietnam during the period December 1968 to December 1969
* the CIB is not on his DD Form 214

3.  The applicant provides no additional evidence.

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 17 June 1968.  He was awarded military occupational specialty (MOS) 11D (armor reconnaissance specialist).  He arrived in Vietnam on 7 December 1968.  He served in MOS 11D assigned to Troop B, 1st Squadron, 11th Armored Cavalry Regiment in Vietnam from 11 December 1968 to 4 December 1969.  

3.  Special Orders Number 72, issued by Headquarters, 11th Armored Cavalry Regiment, dated 21 March 1969, awarded him the CIB.

4.  General Orders Number 3087, issued by Headquarters, II Field Force Vietnam, dated 22 October 1969, awarded him the ARCOM with "V" Device for heroism on 11 August 1969 in the Republic of Vietnam.

5.  General Orders Number 3539, issued by the same headquarters, dated
30 October 1969, awarded him the ARCOM (First Oak Leaf Cluster) for meritorious service during the period November 1968 to November 1969. 

6.  On 16 June 1970, he was honorably released from active duty (REFRAD) in the rank/grade of sergeant (SGT)/E-5 after completing 2 years of total active service with no time lost.  The DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Purple Heart
* Army Commendation Medal (ARCOM) with First Oak Leaf Cluster
* two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received all “excellent” conduct and efficiency ratings throughout his service.


8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  There must have been no convictions by a court-martial.

9.  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, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 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)

10.  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 the 11th Armored Cavalry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 50, dated 1971.

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

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the CIB during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.

2.  His DD Form 214 shows the ARCOM with First Oak Leaf Cluster.  However, orders show he received one of these awards for valor.  Therefore, his DD Form 214 should be corrected to show the ARCOM (2nd Award) and with "V" Device.

3.  He was honorably REFRAD in the rank/grade of SGT/E-5 with 2 years of total active service with no time lost.  His record also shows he received all "excellent" 


conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he was not awarded the first award of the Army Good Conduct Medal as a result of an administrative error.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 17 June 1968 through 16 June 1970 and to correct his DD Form 214 to show this award.

4.  He participated in four campaigns during his service in 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 this award.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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.  deleting from his DD Form 214 the Army Commendation Medal with First Oak Leaf Cluster and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
17 June 1968 through 16 June 1970; and

	c.  adding to his DD Form 214 the:

* Army Commendation Medal (2nd Award) and with “V” Device
* Army Good Conduct Medal (1st Award)
* 

* Combat Infantryman Badge
* Vietnam Service Medal with Four Bronze Service Stars
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110019753



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110019753



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1