IN THE CASE OF:	  

		BOARD DATE:  4 December 2012

		DOCKET NUMBER:  AR20120009817 


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.

2.  The applicant states, in effect, he was awarded the badge but it is not listed on his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* Special Orders (SO) Number 278, Combat Infantryman Badge

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's records show he was inducted into the Army of the United States on 1 November 1967 and he held military occupational specialty 11C (Infantry Indirect Fire Crewmember). 

3.  He served in Vietnam from on or about 12 April 1968 to 5 April 1969.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 501st Infantry, 101st Airborne Division.  While in Vietnam, Headquarters, 101st Airborne Division published the following General Orders (GO) or SO awarding him various awards:

* SO Number 278, on 4 October 1968, the Combat Infantryman Badge
* GO Number 9544, on 19 November 1968, the Army Commendation Medal
* GO Number 2480, on 19 March 1969, the Bronze Star Medal for service from 1968 to 1969

4.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 31 October 1969.  He completed 2 years of active service with no lost time.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar

5.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.

6.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

7.  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.
8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive; 23 February - 8 June 1969

9.  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 during his service with the 1st Battalion, 502nd Infantry (April 1968 to April 1969) this unit was cited for award of the:

* Valorous Unit Award for the period 12 March to 8 May 1969, based on Department of the Army General Orders (DAGO) Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 April to 15 August 1968 based on DAGO Number 21, dated 1969, and from 15 August 1968 to 14 May 1969, based on DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 18 March 1968 to 2 May 1970 based on DAGO Number 48, dated 1970

10.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

2.  GO awarded the applicant the Bronze Star Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. 
3.  GO awarded his unit in Vietnam the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, none of which are shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  He is entitled to correction of his DD Form 214 to show four in lieu of two bronze service stars to be affixed to his Vietnam Service Medal.

5.  He served honorably from 1 November 1967 through 31 October 1969.  He served in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 November 1967 through 31 October 1969
* deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation           (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal with 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)                                         AR20120009817





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ABCMR Record of Proceedings (cont)                                         AR20120009817



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