BOARD DATE:	  9 May 2013

		DOCKET NUMBER:  AR20120018156 


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:

* Purple Heart
* Bronze Star Medal
* Army Good Conduct Medal
* Combat Infantryman Badge

2.  The applicant states his DD Form 214 does not show these awards and he believes the error is due to the timeframe in which he was discharged and when the medals were awarded. 

3.  The applicant provides his DD Form 214, two orders, and three certificates.

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 2 November 1967 and he held military occupational specialty (MOS) 11E (Armor Crewman).

3.  He served in Vietnam in MOS 11E while assigned as follows:

* 26 July 1968 - 14 February 1969, Company C, 1st Battalion, 77th Armor Regiment
* 15 February - 25 July 1969, Company B, 2nd Battalion, 34th Armor Regiment

4.  General Orders (GO) Number 2445, dated 5 April 1969, issued by Headquarters (HQ), 1st Infantry Division, awarded him the Purple Heart for wounds received in action on 28 March 1969.

5.  GO Number 7495, dated 25 July 1969, issued by HQ, 1st Infantry Division, awarded him the Bronze Star Medal for meritorious service from February to July 1969.

6.  He was honorably released from active duty on 26 July 1969 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 8 months, and 25 days of creditable active service with no lost time.

7.  The DD Form 214 he was issued shows the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.

8.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 29 (Qualification in Arms) he qualified as sharpshooter with the M-14 rifle on 6 January 1968 and as expert with the M-16 rifle on 25 April 1968
* Item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service

9.  His record is void 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 (1st Award).

10.  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.  

11.  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 four campaigns.

12.  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:

* Company C, 1st Battalion, 77th Armor, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 August 1968 through 2 November 1968, by DAGO Number 43, dated 1970
* Company B, 2nd Battalion, 34th Armor, was cited for award of the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 31 January 1969 through 7 April 1970, by DAGO Number 53, dated 1970

13.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general or special orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.

14.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers, enlisted, and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart and the Bronze Star Medal, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these medals.

2.  The evidence of record confirms the applicant served honorably from 2 November 1967 to 26 July 1969.  He served in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any other 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 correct his DD Form 214 accordingly.

3.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  He qualified sharpshooter with the M-14 rifle and expert with the M-16 rifle.  Therefore, his DD Form 214 should be corrected to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 

5.  GO awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during his period of assignment to each unit.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  With respect to the Combat Infantryman Badge, during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  As the applicant held and served in MOS 11E, he did not qualify for award of this badge.  Therefore, his is not entitled to 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 that the evidence presented was 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: 

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 November 1967 through 26 July 1969
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Purple Heart
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 

2.  The Board further determined that 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 the Combat Infantryman Badge.  



      _______ _ 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)                                         AR20120018156





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ABCMR Record of Proceedings (cont)                                         AR20120018156



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