BOARD DATE:	  15 January 2013

		DOCKET NUMBER:  AR20120011652 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Combat Infantryman Badge (CIB) and any other awards to which he is entitled.

2.  The applicant states that he was awarded the CIB and it was omitted from his DD Form 214 at the time of separation.

3.  The applicant provides a copy of his DD Form 214.

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 in Houston, Texas on 8 January 1968 for a period of 2 years.  He completed his training as a light weapons infantryman at Fort Polk, Louisiana and his airborne training at Fort Benning, Georgia before being transferred to Vietnam on 9 September 1968 for assignment to Company A, 2d Battalion, 327th Infantry Regiment, 101st Airborne Division for duty as a rifleman.

3.  On 24 December 1968, Special Orders Number 359 issued by Headquarters, 101st Airborne Division awarded the applicant the CIB.

4.  After serving in four campaigns he departed Vietnam on 30 August 1969 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 2 September 1969 as an overseas returnee.  He had served 1 year, 7 months, and 25 days of active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Air Medal, Purple Heart, and the Bronze Star Medal.

5.  A review of his record shows he had "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, in this case the Vietnam Service Medal.

7.  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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the CIB in orders and is entitled to have that award added to his DD Form 214. 

2.  The applicant served in four campaigns in Vietnam and thus is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal.

3.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 8 January 1968 to 2 September 1969 and his DD Form 214 should be corrected to show this award.

4.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and he is entitled to have those awards added to his DD Form 214.

BOARD VOTE:

__X__  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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:

a. deleting the award of the Vietnam Service Medal from his DD Form 214; 

b. awarding him  the AGCM (1st Award) for the period 8 January 1968 to
2 September 1969; and


c. adding to his DD Form 214 the:

* CIB
* Vietnam Service Medal with four bronze service stars
* AGCM (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  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)                                         AR20120011652





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ABCMR Record of Proceedings (cont)                                         AR20120011652



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