IN THE CASE OF:	

		BOARD DATE:	    15 August 2013

		DOCKET NUMBER:  AR20130000852


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 (CIB).

2.  The applicant states the CIB is missing from his DD Form 214.  He further states he has proof he was awarded the CIB and it should be added to his DD Form 214.

3.  The applicant provides his DD Form 214 and Special Orders Number 263, issued by Headquarters, Americal Division on 20 September 1969.

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 was inducted into the Army of the United States on 19 February 1969.  He completed his initial entry training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  Later, he was reclassified into MOS 62E (Crawler Tractor Operator).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 21 July 1969 through             29 August 1969.  During this period of service he was assigned to Company B, 4th Battalion, 3rd Infantry Regiment, 11th Infantry Brigade, 23rd Infantry Division, commonly known as the Americal Division.

4.  His record shows he was medically evacuated from the Republic of Vietnam on 29 August 1969, for the treatment of combat wounds he received on             16 August 1969.  

5.  Special Orders Number 263, issued by Headquarters, Americal Division on 20 September 1969, awarded him the CIB effective 20 September 1969.

6.  On 31 December 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 1 year, 10 months, and 12 days of total active service, including 8 months and  26 days of foreign service performed in the Republic of Vietnam and the Panama Canal Zone.  His DD Form 214 further shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar  (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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

8.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

9.  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.

10.  Special Orders Number 117, issued by Headquarters, 2nd Advanced Individual Training (AIT), U.S. Army Training Center, Infantry, Fort Ord, CA, dated 10 June 1969, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), effective 28 May 1969.

11.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in the Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Summer - Fall 1969 campaign, which covered the period 9 June 1969 through 31 October 1969.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows that during his period of assignment with 4th Battalion, 3rd Infantry Regiment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 through 31 December 1969, by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the CIB, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He served honorably from 19 February 1969 through 31 December 1970.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award), and to correct his DD Form 214 to show this award.

3.  Special orders awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this marksmanship qualification badge.

4.  The evidence of record shows he was assigned to the Republic of Vietnam and he was wounded due to hostile action and medically evacuated prior to completing 6 months of service; therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960), and his DD Form 214 should be corrected to show this award.

5.  He participated in a single campaign during his service in the Republic of Vietnam.  Accordingly, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with 1 bronze service star.

6.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award is not reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 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 him the Army Good Conduct Medal (1st Award) for the period
19 February 1969 through 31 December 1970;

   b. amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)





__________ _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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20130000852



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