IN THE CASE OF:	  

		BOARD DATE:  24 May 2012

		DOCKET NUMBER:  AR20110024024 


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 and the Army Good Conduct Medal.

2.  The applicant states the badge and award were omitted from his DD Form 214.

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 11 June 1968 and held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained while on active duty was staff sergeant/E-6.

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

   a. Item 38 (Record of Assignment), he served with Company D, 2d Battalion (Airmobile), 327th Infantry, while in the Republic of Vietnam from on or about 8 June 1969 through 9 April 1970.

   b. Item 38 also shows he received conduct and efficiency ratings of "excellent" for his duty assignments listed.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

4.  The applicant was awarded the Army Commendation Medal with "V" (Valor) Device (First Oak Leaf Cluster) on General Orders Number 525, Headquarters, 101st Airborne Division, dated 25 January 1970.  The citation shows it was awarded for distinguishing himself while serving as a squad leader and while participating in a night ambush with his unit.

5.  On 16 April 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group for annual training.  He completed 1 year, 10 months, and 6 days of active military service.

6.  The applicant's DD Form 214 shows the following:

   a. Item 22c (Foreign and/or Sea Service), USARPAC, 10 months and 26 days.

   b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows award of the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, his marksmanship qualification badges, the Army Commendation Medal and Army Commendation Medal with “V” Device, and the Bronze Star Medal.

7.  His records do not contain orders that show he was awarded the Combat Infantryman Badge.

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 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.  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.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's service in Vietnam he participated in four campaigns:  the Tet 69 Counteroffensive 1969, Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, and DA Sanctuary Counteroffensive.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  The unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 43, dated 1970, for the period 19 July 1968 through 14 May 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Combat Infantryman Badge and Army Good Conduct Medal was carefully considered and determined to have merit.

2.  The applicant was trained in and held an infantry MOS.  General Order Number 525 shows he received a valor award while assigned to and serving with an infantry unit during a night ambush and in action in connection with military operations against a hostile force in Vietnam.  It appears he met the criteria for award of the Combat Infantryman Badge and should have his DD Form 214 corrected to show it.

3.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  There is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 11 June 1968 through 16 April 1970 and to correction of his records to show this award.

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

5.  General orders awarded the unit to which he was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 following:

* the Combat Infantryman Badge for action on 26 October 1969
* the Army Good Conduct Medal (1st Award) for the period 11 June 1968 through 16 April 1970

b. Adding the following to item 24 of his DD Form 214:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal




      __________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)                                         AR20110024024



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110024024



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1