BOARD DATE:	  23 April 2013

		DOCKET NUMBER:  AR20120018387 


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 the Combat Infantryman Badge (CIB) and all other authorized awards be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states it was probably just overlooked.  He would like to obtain special license plates.  He was in two major battles and numerous firefights.  They gave him a Class A uniform with all his awards including the CIB.

3.  The applicant provides copies of his DD Form 214 and a DA Form 1577 (Authorization for Issuance of Awards) from the National Personnel Records Center.

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 volunteered for induction and entered active duty on 18 October 1967.  He completed training as an infantryman in military occupational specialty (MOS) 11B and was posted to Vietnam.

3.  His DA Form 20 (Enlisted Qualification Record) shows at:

	a.   item 38 (Record of Assignments) – service in Vietnam from 17 April 1968 through 16 May 1969 with C Company, 2nd Battalion, 1st Infantry and exclusively "excellent" conduct and efficiency ratings throughout his period of active duty service; and

	b.   item 41 (Awards and Decorations):

* National Defense Service Medal
* Bronze Star Medal
* Vietnam Service Medal
* CIB
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge Rifle Bar M-16 (February 1968)
* Sharpshooter Marksmanship Qualification Badge Machinegun Bar 
(M-60)
* Sharpshooter Marksmanship Qualification Badge Rifle Bar M-14 (November 1967)

4.  His service record contains:

* A DA Form 3354-R (Personnel Data Sheet), dated 13 July 1968. showing the applicant is authorized the CIB
* an efficiency report for the ending January 1969 describing the applicant as a combat Soldier

5.  On 20 May 1969, the applicant was honorably released from active duty as a sergeant (E-5).  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and 2 Overseas Service Bars.

6.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to 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.  

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

	a.  Units receive campaign credit for participation in combat or for being stationed in or performing duty in the combat zone during a designated period.  A bronze service star is worn on the service medal for participation in each campaign period.  A silver service star is worn in place of five bronze service stars.  The four campaign periods that correspond with the applicant's service are the 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 and the Tet 69 Counteroffensive 1969 – 23 February-8 June 1969;

	b.  2d Battalion, 1st Infantry was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 16 April-28 August 1969 by Department of the Army General Order Number 6 of 1974.

9.  The DA Form 1577 submitted by the applicant indicates that he is authorized a silver service star for wear on the Vietnam Service Medal.  However, five applicable campaign periods cannot be identified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he was awarded the CIB and, although the orders are not available, this is confirmed by other documents in his record.

2.  The applicant served during a qualifying period of active duty service with exclusively "excellent" conduct and efficiency ratings and there is no record of indiscipline.  Notwithstanding the absence of a recommendation for award of the Good Conduct Medal, his rapid progress to pay grade E-5 and distinguished combat service indicates that award of the Good Conduct Medal is appropriate at this time. 

3.  The applicant served during four designated campaign periods and is authorized four bronze service stars for wear on the Vietnam Service Medal.

4.  His unit was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant's most recent weapons qualifications are the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

6.  The above awards should be 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:

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.  awarding the applicant the Army Good Conduct Medal (1st Award) for the period 18 October 1967-20 May 1969 and 

	b.  showing that in addition to the awards currently listed on his DD Form 214 he is also authorized the:

* Army Good Conduct Medal (1st Award)
* four bronze service stars for wear on the Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge


* Sharpshooter Marksmanship Qualification Badge with Rifle and Machine Gun Bars



      ___________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)                                         AR20120018387





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ABCMR Record of Proceedings (cont)                                         AR20120018387



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