IN THE CASE OF:	  

		BOARD DATE:	  8 October 2013

		DOCKET NUMBER:  AR20130001734 


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 award of the Army Good Conduct Medal (2nd Award), Bronze Star Medal, and Combat Infantryman Badge.

2.  The applicant states these awards are not listed on his DD Form 214.

3.  The applicant provides:

* Combat Infantryman Badge certificate
* Bronze Star Medal certificate and citation
* DA Form 20 (Enlisted Qualification Record)
* 2 DD Forms 214 for the periods ending 14 January 1970 and 13 July 1973

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 enlisted in the Regular Army on 23 January 1968 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  During his initial period of service he completed a tour of duty in the Republic of Vietnam from 15 August 1968 to 30 July 1969 while assigned to Company C, 1st Battalion, 327th Infantry, 101st Airborne Division.

3.  Headquarters, 101st Airborne Division, General Orders Number 6094, dated 31 May 1969, awarded him the Bronze Star Medal for meritorious service for the period 1 September 1968 to 30 April 1969.

4.  He was honorably discharged on 14 January 1970 for the purpose of immediate reenlistment.  His DD Form 214 shows he completed 1 year, 
11 months, and 22 days of total active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 ending 
14 January 1970 contains the entry "UNK."   He reenlisted on 15 January 1970.

6.  His DA Form 20 shows in item 41 (Awards and Decorations) that he was awarded the Army Good Conduct Medal (1st Award) on 28 March 1971 by General Orders Number 161, issued by Headquarters, U.S. Army Training Center Infantry and Fort Dix, Fort Dix, NJ.

7.  General Orders Number 237, issued by the same organization on 11 October 1972, amended the period of service for the order listed above from "31 Jan 68 to 30 Jan 71" to read "23 Jan 68 to 24 Jan 71."

8.  On 13 July 1973, he was honorably released from active duty in the rank of specialist four/E-4.  He completed a total of 5 years, 5 months, and 21 days of active duty service.

9.  The DD Form 214 he was issued for this period of service shows he was awarded or authorized:

* National Defense Service Medal
* Parachutist Badge
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with (M16) Rifle and (M60) Machinegun Bars
* Sharpshooter Marksmanship Qualification Badge with (M14) Rifle Bar
* Overseas Service Bars (2)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with "1960" Device

10.  A review of his military personnel records failed to reveal any orders or other evidence that shows he was awarded the Combat Infantryman Badge or a second Army Good Conduct Medal.

11.  In support of his request the applicant provides copies of certificates which awarded him the Combat Infantryman Badge and Bronze Star Medal.

12.  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.

13.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

14.  Army Regulation 600-8-22 states a bronze service star is authorized for wear on the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he participated in the following four campaigns: Vietnam Counteroffensive Phase V (1 July to 1 November 1968); Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969); Tet 69 Counteroffensive (23 February 1969 to 8 June 1969); Vietnam Summer-Fall1969 (9 June 1969 to 31 October 1969)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This regulation shows that during the period he was assigned to the 1st Battalion, 327th Infantry, this unit was cited for award of the:

	a.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970; and

	b.  The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show the award of the Army Good Conduct Medal (2nd Award), Bronze Star Medal, and Combat Infantryman Badge.

2.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

3.  The applicant's sincerity and service in Vietnam in an infantry MOS is not in question.  However, there is no evidence in the available records to corroborate that he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was engaged in active ground combat with the enemy.  The Combat Infantryman Badge certificate provided by the applicant is insufficient evidence to grant his request.

4.  The applicant is not authorized a second Army Good Conduct Medal.  The applicant completed 5 years, 5 months, and 21 days of service and was awarded the Army Good Conduct Medal for the period 23 January 1968 to 24 January 1971.  Regulatory guidance states the Army Good Conduct Medal is awarded every 3 years, with the only exception granted upon completion of less than 
3 years during the initial period of service.  A second award of the Army Good Conduct Medal would require completion of 6 years of service.  His initial award is not shown on his final DD Form 214; therefore, it would be appropriate to correct his record to show the award of the Army Good Conduct Medal (1st Award).

5.  General orders awarded him the Bronze Star Medal; therefore, this award should be added to his DD Form 214.

6.  He was awarded the Vietnam Service Medal and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded Vietnam Service Medal.

7.  The evidence of record shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 adding to his DD Form 214 ending 13 July 1973 the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* four bronze service stars to affixed to his previously-awarded Vietnam Service Medal
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

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 award of the Combat Infantryman Badge and a second award of the Army Good Conduct Medal.




      ___________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)                                         AR20130001734





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ABCMR Record of Proceedings (cont)                                         AR20130001734



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