IN THE CASE OF:	  

		BOARD DATE:  3 September 2013

		DOCKET NUMBER:  AR20130001764 


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 his award of the Combat Infantryman Badge (CIB).

2.  The applicant states:

* his DD Form 214 does not reflect award of the CIB
* he was in combat on several occasions during his tour in Vietnam from December 1968 to February 1970
* he was personally awarded the CIB, but he does not remember whether there was a certificate that came with it
* he currently receives service-connected disability compensation
(30 percent) for Post-Traumatic Stress Disorder

3.  The applicant provides a copy of his DD Form 214.

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 28 May 1968.  He arrived in Vietnam on 7 January 1969.  He served as a radio operator assigned to Advisory Team 55, IV Corps, U.S. Military Assistance Command, Vietnam (USMACV) from 13 January 1969 through 4 February 1970.  On
5 February 1970, he was honorably released from active duty as an overseas returnee in the rank of specialist four (SP4) after completing 1 year, 8 months, and 8 days of total active service with no time lost.

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

4.  Special Orders Number 163, issued by Headquarters, U.S. Military Assistance Command, Vietnam, dated 12 June 1969, awarded him the CIB.

5.  His record contains a letter issued to him by the same headquarters, dated
23 March 1970, that authorized him to accept and wear the Armed Forces Honor Medal Second Class that was presented to him by the Government of Vietnam.

6.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service.

7.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal

8.  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.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the CIB.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The appropriate authority authorized the applicant to accept and wear the Armed Force Honor Medal Second Class presented by the Government of Vietnam.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

3.  He participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  He was honorably released from active duty in the rank of SP4 with
20 months of total active service and no time lost.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary actions or a commander's disqualification.  It appears he was not recommended for or awarded the first award of the Army Good Conduct Medal as a result of an administrative error.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period
28 May 1968 through 5 February 1970 and to correct his DD Form 214 to show this award.

5.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this award.

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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
28 May 1968 through 5 February 1970; and 

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation






* Vietnam Armed Forces Honor Medal Second Class
* Combat Infantryman Badge



      _______ _  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)                                         AR20130001764



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ABCMR Record of Proceedings (cont)                                         AR20130001764



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