BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003440 


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:

	a.  the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forced of the United States Report of Transfer or Discharge); and

	b.  correction of his social security number (SSN) on his Bronze Star Medal (BSM) orders and citation. 

2.  The applicant states:

* He was awarded the CIB	
* The SSN on his BSM orders and citation is incorrect
* His SSN is "23X-XX-XXXX" not "38X-XX-XXXX"

3.  The applicant provides:

* Orders and citation for the BSM
* Orders and citation for the Air Medal
* Orders for the Army Commendation Medal (ARCOM) and ARCOM with "V" Device
* Vietnam Combat Certificate
* 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 23 April 1968.  He completed his training and was awarded military occupational specialty (MOS) 11D (armor reconnaissance specialist).  He arrived in Vietnam on 26 April 1969.  He served in MOS 11D while assigned to Troop D, 1st Squadron, 9th Cavalry of the 1st Air Cavalry Division in Vietnam from 30 April 1969 to 1 April 1970.  On 1 April 1970, he was honorably released from active duty in the rank of staff sergeant after completing 1 year, 11 months, and 9 days of creditable active service with no lost time.

3.  His DD Form 214 shows his SSN as "23X-XX-XXXX."  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* ARCOM
* Air Medal
* Bronze Star Medal

4.  Orders, dated 29 May 1969, show he received the CIB.

5.  He provided BSM orders and citation which show his SSN as "38X-XX-XXXX." 

6.  Orders, dated 16 December 1969, show he received the ARCOM.

7.  Orders, dated 14 January 1970, show he received the ARCOM with "V" Device for heroism on 14 September 1969 in Vietnam.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  Records show he participated in three campaigns during his assignment in Vietnam.

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 1st Squadron, 9th Cavalry, was cited for award of the:

* Valorous Unit Award for actions during the period 1 October 1969 to 
   31 December 1969 in Department of the Army General Orders (DAGO)
   32, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation in DAGO 42, dated 1972

11.  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 the 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.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the CIB.  His DD Form 214 should be corrected to show this badge.

2.  Evidence shows his SSN as "23X-XX-XXXX"; therefore, his BSM orders and citation should be corrected to show this SSN. 

3.  His DD Form 214 shows one award of the ARCOM but orders show he received two awards of the ARCOM, one award for valor.  His DD Form 214 should be corrected to show the ARCOM (2nd Award) and with "V" Device. 

4.  He was honorably released from active duty in the rank of staff sergeant with nearly 20 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 23 April 1968 through 1 April 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  He participated in three campaigns during his service in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this award.

6.  His unit in Vietnam unit was cited for award of the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show these unit awards.

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.  awarding him the first award of the Army Good Conduct Medal for the period 23 April 1968 through 1 April 1970; 

	b.  deleting the entry "ARMY COMMENDATION MEDAL" from his DD Form 214;  
	c.  adding the CIB, ARCOM (2d Award) and with "V" Device, Army Good Conduct Medal (1st Award), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214; and

	d.  amending his BSM orders and citation to show the SSN shown on his DD Form 214. 




      _______ _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)                                         AR20120003440





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ABCMR Record of Proceedings (cont)                                         AR20120003440



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