BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120003624 


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.

2.  He states he served in Vietnam as an 11B (Light Weapons Infantryman) in Company G, 75th Airborne Ranger.

3.  He provides four letters of support.

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.  His military records show he was inducted into the Army on 14 February 1969.  He was awarded the military occupational specialty of 11B.  He was promoted to the rank of sergeant/pay grade E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows his assignments and awards.

   a.  It shows he was awarded the Combat Infantryman Badge by Special Order Number 43.
   
   b.  It shows all "excellent" conduct and efficiency ratings.
   
   c.  Item 38 (Record of Assignments) shows he performed duties as a team member (11B) and operations specialist (11F) during his tour of duty in the Republic of Vietnam (RVN) while assigned to Company G, 75th Infantry (Ranger), during the period 31 July 1969 to 12 September 1970.

4.  His records contain Special Orders Number 43, issued by Headquarters, Americal Division, dated 12 February 1970, awarding him the Combat Infantryman Badge.

5.  He was honorably released from active duty on 18 September 1970 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed a total of 1 year, 7 months, and 5 days of active service.

6.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Air Medal
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars

7.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  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.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the following campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Company G, 75th Infantry (Rangers), was awarded the following during his assignment to the unit:

* Meritorious Unit Commendation for the period 1 February-31 August 1969
* RVN Gallantry Cross with Palm Unit Citation for the period 24 August-31 December 1969 and 31 March-30 June 1970

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Combat Infantryman Badge.  As such, he is entitled to have this badge added to his DD Form 214.

2.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  He was promoted to the rank of sergeant.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for the period 14 February 1969 through 18 September 1970 and add this award to his DD Form 214.

3.  He participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these bronze service stars.

4.  His unit was awarded the Meritorious Unit Commendation and two awards of the RVN Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  In view of the foregoing, he is entitled to have his records corrected as shown below.

BOARD VOTE:

____x____  __x_____  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 Army Good Conduct Medal (1st Award) for the period 14 February 1969 through 18 September 1970; 

	b.  deleting from his DD Form 214 the Vietnam Service Medal, and

	c.  adding to his DD Form 214 the:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation (2d award)



      _______ _ 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)                                         AR20120003624



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ABCMR Record of Proceedings (cont)                                         AR20120003624



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