IN THE CASE OF:  

		BOARD DATE:  13 June 2013

		DOCKET NUMBER:  AR20120021143 


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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Combat Infantryman Badge (CIB).  He also requests a copy of his medical records.

2.  He states his request for the CIB was denied, but he has located the orders awarding him the CIB.  He summarizes his service as infantryman and states it appears accurate records were not kept during the Vietnam conflict.

3.  He provides:

* four self-authored statements
* Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 360, dated 26 December 1966

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120003778 on 11 September 2012.

2.  This Board does not maintain service medical records.  The applicant may submit a request for a copy of his medical records to the National Personnel Records Center, 1 Archives Drive, St. Louis, MO  63138.  As a result, this portion of the applicant's request will not be discussed further in this Record of Proceedings.

3.  On 5 May 1966, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

* item 29 (Qualification in Arms) –

* on 14 June 1966, he qualified as Sharpshooter with the M-14 rifle
* on 16 August 1966, he qualified as 2nd Class Gunner (now known as Sharpshooter) with the M-60 machine gun
* on 11 August 1966, he qualified as Marksman with the M-16 automatic rifle
* on 20 March 1968, he qualified as Expert with the M-14 rifle

* item 31 (Foreign Service) – he was credited with service in Vietnam from 27 October 1966 through 26 October 1967
* item 38 (Record of Assignments) – he was assigned to the following units during his service in Vietnam –

* Company C, 2nd Battalion, 12th Cavalry, 1st Cavalry Division (Airmobile), from 1 November 1966 to 1 September 1967
* Headquarters and Headquarters Company, 2nd Brigade, 1st Cavalry Division (Airmobile), from 2 September to 22 October 1967

* item 38 – he received all "excellent" conduct and efficiency ratings

5.  On 3 May 1968, he was honorably released from active duty in the rank of sergeant (SGT)/E-5 after completing 1 year, 11 months, and 29 days of total active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Air Medal
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  He provides Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 360, dated 26 December 1966, awarding him the CIB.

7.  A review of his record indicates he is entitled to additional awards not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

9.  The applicant's records are void of documentation showing he was convicted by a court-martial.  His records do show he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for being absent from his unit without proper authority for approximately 15 hours during initial entry training.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with two campaigns:  Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968).

	b.  Basic marksmanship qualification badges are awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual has not attained the same qualification upon completion of firing a record course for which the previous award was made.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

	a.  Company C, 2nd Battalion, 12th Cavalry, was cited for award of the Presidential Unit Citation (PUC) for the period 15 October to 9 November 1966 in Department of the Army General Orders Number 2, dated 1973; and

	b.  2nd Battalion, 12th Cavalry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 9 May 1969 in Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided orders showing he was awarded the CIB by proper authority.  Therefore, he is entitled to correction of his DD Form 214 to show award of the CIB.

2.  His conduct and efficiency ratings were "excellent," he was promoted to SGT/E-5, and there is no evidence indicating he was convicted by court-martial.  He did receive NJP for an unauthorized absence while he was a trainee.  Notwithstanding the NJP, in light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 5 May 1966 to 3 May 1968 and to correct his DD Form 214 to show this award.

3.  He served in Vietnam during two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously-awarded VSM.

4.  His DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  His DA Form 20 shows he qualified as Expert with the M-14 rifle subsequent to his qualification as Sharpshooter.  Therefore, he is entitled to correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) in lieu of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  His record shows he qualified as Sharpshooter with the M-60 machine gun and as Marksman with the M-16 automatic rifle.  Therefore, he is entitled to correction of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

6.  He served in a unit during a period for which it was cited for award of the PUC and the RVN Gallantry Cross with Palm Unit Citation.  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 the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20120003778, dated 11 September 2012.  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) based on completion of a qualifying period of active Federal service from 5 May 1966 to 3 May 1968;

	b.  deleting the VSM and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* AGCM (1st Award)
* VSM with two bronze service stars
* PUC
* RVN Gallantry Cross with Palm Unit Citation
* CIB
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)



      _______ _  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)                                         AR20120021143



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ABCMR Record of Proceedings (cont)                                         AR20120021143



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