IN THE CASE OF:	  

		BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120011544 


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 additional medals, ribbons, or awards that are not listed, including the Combat Infantryman Badge (CIB).

2.  The applicant states it is his understanding that additional medals were issued after his separation.

3.  The applicant provides a self-authored letter in support of his request.

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 enlisted in the Regular Army on 22 November 1966.  He was trained in and awarded military occupational specialty (MOS) 62A (Engineer Equipment Assistant).  He was advanced to specialist four (SP4)/E-4 on 13 February 1968 and this was the highest rank he attained and held on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 25 October 1967 to 19 October 1968.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 31st Supply Company from 28 October 1967 to 9 March 1968 performing duties in MOS 51N (Water Treatment Specialist) as a water supply specialist and to Headquarters and Company A, 704th Maintenance Battalion, 4th Infantry Division, from 10 March 1968 to 16 October 1968 performing duties in MOS 62A as an engineer equipment repairer.

4.  Item 38 of the applicant's DA Form 20 also shows the applicant received "excellent" conduct and efficiency ratings for all of his active duty assignments.  His Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

5.  The applicant's MPRJ is void of any individual award orders and contains no orders authorizing award of the CIB.

6.  On 23 August 1969, the applicant was honorably released from active duty (REFRAD) in the grade of SP4/E-4 after completing 2 years, 9 months, and 2 days of active military service.  His DD Form 214 lists the following awards:

* NDSM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Rifle Bar
* RVN Campaign Medal
* VSM

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal awards orders pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.

	a.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

	b.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following four campaigns for the periods indicated:

* 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)

	c.  Paragraph 8-6 contains guidance for award of the CIB.  It states the three basic requirements for the CIB are that the member be an infantryman satisfactorily performing infantry duties, be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit, the 704th Maintenance Battalion, was authorized the following awards for the periods indicated in the following Department of the Army General Orders (DAGO):

* Meritorious Unit Commendation, 1 November 1967-30 November 1968, DAGO 56, dated 1969
* RVN Gallantry Cross with Palm Unit Citation, October 1966-28 July 1969, DAGO 3, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation, 1 October 1966-31 October 1969, DAGO 54, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add awards and decorations, including the CIB, to his DD Form 214 has been carefully considered and found to have partial merit.

2.  The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings for all of his active duty assignments.  Further, his record is void of derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 22 November 1966 through 23 August 1969 and to add this award to his DD Form 214.

3.  The evidence of record also confirms that based on his RVN service and campaign participation he is eligible for the MUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars with his VSM.  Therefore, it would be appropriate to add these awards to his DD Form 214.

4.  The applicant's request that the CIB be added to his record and DD Form 214 has also been carefully considered.  However, by regulation, in order to qualify for the CIB a member must hold and be serving in an infantry MOS in a qualifying infantry unit of brigade, regimental, or smaller size and must have been present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.

5.  The evidence of record confirms the applicant was serving in a water supply company and maintenance companies in a non-infantry MOS during his RVN tour.  As a result, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  Therefore, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 AGCM (1st Award) for his qualifying period of honorable active duty service from 22 November 1966 to 23 August 1969;

	b.  deleting the current VSM award entry from his DD Form 214 and replacing it with the VSM with four bronze service stars; and

	c.  adding award of the AGCM (1st Award), Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the CIB.

3.  The applicant and all others concerned should know the action related to award of the CIB in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20120011544



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ABCMR Record of Proceedings (cont)                                         AR20120011544



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