IN THE CASE OF:	  

		BOARD DATE:	  28 May 2013

		DOCKET NUMBER:  AR20120019542 


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 he received the Combat Infantryman Badge when he was in the field in Vietnam.

3.  The applicant provides his DD Form 214, a newspaper article, a citation, and a letter.

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 5 February 1968 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 20 July 1968 to 19 July 1969 while assigned to the 1st Battalion, 501st Infantry, 2nd Infantry Brigade, 101st Airborne Division.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 27 February 1969.

3.  His DA Form 20 (Enlisted Qualification Record) shows that during his service in Vietnam he was assigned in MOS 11B as an infantryman and in an 11B team leader position from 27 February to 13 July 1969.

4.  General Orders (GO) Number 119, dated 7 January 1969, issued by Headquarters, 101st Airborne Division, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period 1 April to 30 November 1968.

5.  He was honorably released from active duty on 4 February 1970 in the rank of SGT and he was transferred to the U.S. Army Reserve.  He completed 2 years of creditable active service with no lost time.

6.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Bronze Star Medal
* Vietnam Service Medal 
* Army Commendation Medal
* Vietnam Campaign Medal

7.  Item 24 (Qualification in Arms) of his DA Form 20 shows he qualified as expert with the M-14 rifle, as 1st class gunner (or sharpshooter) with the M-16 rifle, and as sharpshooter with the M-60 machine gun.

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  His record is void of 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.  His record does not contain orders for the Combat Infantryman Badge and item 41 (Awards and Decorations) of his DA Form 20 does not show the Combat Infantryman Badge. 

12.  The applicant provides a newspaper article, dated 16 March 1969, that stated the applicant received the Bronze Star Medal for heroism in Vietnam.  It also stated he was presented the award for meritorious service in ground operations against hostile forces.

13.  He also provides a letter of commendation, dated 11 October 1968, from the Commander, 2nd Brigade, 101st Airborne Division, to all members of the 2nd Brigade Task Force.  

	a.  In the letter, his commander stated during the operations that took place from 10 to 20 September 1968 and 27 September to 10 October 1968 there was a total of almost 600 enemy killed, captured, or surrendered, while there were no U.S. casualties and only 29 wounded U.S. Soldiers.  

	b.  His commander further stated that in the 90-day period 28 June through September 1968 the 2nd Brigade conducted 160 combined operations and 100 combat assaults.  The 2nd Brigade killed or captured 1004 enemy while losing 24 good U.S. Soldiers; this was a ratio of 42 to 1.  He commended all the men of the 2nd Brigade Task Force for their tremendous Airborne spirit.

14.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  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.

15.  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 the 1st Battalion, 501st Infantry, was cited for award of the:  20 July 1968 to 19 July 1969 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters for the period 15 August 1968 through 14 May 1969, by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 18 March 1968 through 2 April 1970, by DAGO Number 48,dated 1971

16.  Army Regulation 600-8-22 provides that 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant held MOS 11B and served in Vietnam while assigned to an infantry unit during an intense period of military operations.  He was assigned as a team leader during much of his service in Vietnam.  Further, the letter of commendation he provided indicates his unit was involved in heavy combat.  Based on this, it is presumed that he served in active ground combat against enemy forces in Vietnam, and his statement that he received the Combat Infantryman Badge is accepted.  It would be appropriate to correct his DD Form 214 to show this award.

2.  The evidence of record confirms he served honorably from 5 February 1968 through 4 February 1970.  He served in Vietnam, attained the rank of SGT, and he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any 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 to show the medal.

3.  His record confirms he participated in four campaigns during his service 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 accordingly.

4.  His records show he qualified as expert with the M-14 rifle, and as sharpshooter with the M-16 rifle and the M-60 machine gun.  Therefore, it would be appropriate to correct his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). 

5.  GO awarded his unit 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 the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 5 February 1968 through 4 February 1970
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20120019542





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ABCMR Record of Proceedings (cont)                                         AR20120019542



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