IN THE CASE OF:	  

		BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110024072 


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) and three bronze service stars for wear on his Vietnam Service Medal.

2.  The applicant states his DD Form 214 does not reflect his CIB or his three bronze service stars.

3.  The applicant provides copies of his DD Form 214, his enlistment contract, his DA Form 20 (Enlisted Qualification Record), his discharge orders, and operational reports and unit histories.

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 enlisted in the Regular Army on 19 April 1968 for a period of 3 years and training as a combat engineer.  He completed basic training at Fort Lewis, Washington, and advanced individual training as a pioneer at Fort Leonard Wood, Missouri, before being transferred to Vietnam on 19 September 1968.

3.  He was assigned as an assistant machine gunner in military occupational specialty (MOS) 11B (light weapons infantryman) to Headquarters and Headquarters Company, 937th Engineer Group.  He was advanced to pay grade E-3 on 12 October 1968 and his MOS was changed from 12A (pioneer) to 11B.

4.  On 23 January 1969, he was assigned to Company B, 299th Engineer Battalion, for duty as a heavy dump truck driver in MOS 12B.  On 20 February 1969, he was transferred to Camp Zama, Japan, as a patient.

5.  On 2 April 1969, he was transferred to Korea for assignment to an infantry company of the 32d Infantry Regiment, 7th Infantry Division, for duty in MOS 11B.

6.  He departed Korea on 2 April 1971 and was transferred to Fort Sam Houston, Texas, where he was honorably released from active duty (REFRAD) on 16 April 1971 due to the expiration of his term of service.  He completed 2 years 11 months, and 28 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Armed Forces Expeditionary Medal, Vietnam Campaign Medal, and Vietnam Service Medal.

7.  A review of his records failed to show any evidence that he was awarded the CIB.  However, his records do show the U.S. Army Reserve Personnel Center issued him an authorization for issuance of the CIB in 1990 which appears to be in error.

8.  His records show he had "excellent" conduct and efficiency ratings throughout his service and his records do not contain derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

9.  His records also show he served in Vietnam from 19 September 1968 until he departed for the hospital in Japan on 20 February 1969, which indicates he participated in two campaigns in Vietnam.

10.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

11.  Army Regulation 600-8-22 states the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

13.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  After carefully examining the applicant's record of service, it appears the applicant should have received the first award of the AGCM for his service from 19 April 1968 through 16 April 1971.  His record is void of any derogatory information which would have precluded him from being awarded the AGCM and the lack of any specific action by his commander to disqualify him from receiving this award.  The evidence further suggests the applicant did not receive the AGCM as a result of an administrative error.  Therefore, the applicant should be awarded the first award of the AGCM and his DD Form 214 should be corrected to show this award.

2.  The applicant's unit 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.

3.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

4.  The applicant also served during a qualifying period for award of the KDSM.  Accordingly, it should be added to his DD Form 214.

5.  However, there is no evidence of record or evidence submitted by the applicant that shows that he qualifies for award of the CIB.  The applicant was assigned to an engineer company while serving in Vietnam.  Accordingly, there is insufficient evidence to add award of the CIB to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 19 April 1968 through 16 April 1971
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding award of the AGCM (1st Award), Vietnam Service Medal with two bronze service stars, KDSM, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

2.  The Board further determined 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 adding award of the CIB or three bronze service stars to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States 


during the Vietnam War.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20110024072



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ABCMR Record of Proceedings (cont)                                         AR20110024072



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