BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120007767 


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, Vietnam Service Medal, and any other awards he is authorized.

2.  He states the Combat Infantryman Badge and Vietnam Service Medal are listed on his DA Form 20 (Enlisted Qualification Record).

3.  He provides page 4 of the DA Form 20.

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 12 October 1966.  He was awarded the military occupational specialties of 11H (Infantryman Direct Fire Crewman) and 11B ((Light Weapons Infantryman).  He was promoted to the rank of specialist four/pay grade E-4.

3.  His DA Form 20 shows his assignments and awards.

   a.  He was awarded the Combat Infantryman Badge by Special Orders Number 34 published by Headquarters, 9th Infantry Division.  It also shows the Vietnam Service Medal.

   b.  He received all "excellent" conduct and efficiency ratings.

   c.  Item 38 (Record of Assignments) shows he performed duties as an 11B (Rifleman) during his tour of duty in the Republic of Vietnam (RVN) while assigned to Company C, 2nd Battalion, 47th Infantry, 9th Infantry Division, during the period 14 September 1967 to 3 September 1968.

4.  His records also contain a copy of Special Orders Number 34, issued by Headquarters, 9th Infantry Division, dated 3 February 1968, awarding him the Combat Infantryman Badge.

5.  He was honorably released from active duty on 16 August 1968, and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve service obligation.  He completed a total of 
1 year, 10 months, and 5 days of active service.

6.  His DD Form 214 shows the National Defense Service Medal.

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 Counteroffensive Phase III (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

10.  Army Regulation 600-8-22 states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 47th Infantry, was awarded the following during his assignment to the unit:

* Valorous Unit Award for action on 31 January 68, Department of the Army General Orders (DAGO) 5, dated 1969 and on 6-12 May 1968, DAGO 43, dated 1970
* RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966-30 June 1968 and 1 July 1968-13 November 1968
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966-28 June 1969

12.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  The regulation provides that although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

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.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for the period 12 October 1966 through 16 August 1968 and add this award to his DD Form 214.

3.  His DA Form 20 shows he was authorized the Vietnam Service Medal.  He participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with four bronze service stars.

4.  Evidence shows he served in the RVN for a period authorizing him the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to have this medal added to his DD Form 214.

5.  His unit received two awards of the Valorous Unit Award, two awards of the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  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 12 October 1966 through 16 August 1968; and

	b.  adding to his DD Form 214 the:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award (2nd Award)
* RVN Gallantry Cross with Palm Unit Citation (2d Award)
* RVN Civil Actions Honor Medal First Class 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)                                         AR20120007767





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ABCMR Record of Proceedings (cont)                                         AR20120007767



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