IN THE CASE OF:
BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120005016
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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge.
2. The applicant states he received a letter denying him the Combat Infantryman Badge, but since then his Department of Veterans Affairs representative received a letter from a member of his platoon in Vietnam who had orders awarding the applicant and others the Combat Infantryman Badge.
3. The applicant provides orders, three letters, and a Record of Proceedings with attachments.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110010913 on 17 November 2011.
2. As new evidence the applicant provides Special Orders Number 162, dated 11 June 1971, issued by Headquarters, 101st Airborne Division, wherein he was awarded the Combat Infantryman Badge, effective 7 May 1971.
3. The applicant's records show he was inducted into the Army of the United States on 13 August 1970 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 12 January to 19 December 1971 while assigned to the 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division.
4. He was honorably released from active duty on 15 February 1972 and transferred to the U.S. Army Reserve. He completed 1 year, 6 months, and 3 days of creditable active service with no time lost.
5. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Campaign Medal with 1960 Device
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* First Class [Sharpshooter] Marksmanship Qualification Badge with Hand Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Air Medal
6. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.
7. His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
9. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for 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. A review of his records shows that during his service in Vietnam he participated in three campaigns.
10. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 2nd Battalion, 501st Infantry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971, by DA General Orders Number 6, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided orders that show he was awarded the Combat Infantryman Badge, effective 7 May 1971. Therefore, it would be appropriate to correct his DD Form 214 to show this award.
2. The evidence of record confirms he served honorably from 13 August 1970 through 15 February 1972. He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service. His record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). Therefore, it would be appropriate to award him this medal and to correct his DD Form 214 to show this medal.
3. His record confirms he participated in three campaigns while serving in Vietnam. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.
4. 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 amendment of the ABCMRs decision in Docket Number AR20110010913, dated 17 November 2011. 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 13 August 1970 through 15 February 1972;
b. deleting from his DD Form 214 the Vietnam Service Medal; and
c. adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with three 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) AR20120005016
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ABCMR Record of Proceedings (cont) AR20120005016
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