IN THE CASE OF:	  

		BOARD DATE:  17 October 2013

		DOCKET NUMBER:  AR20130003510 


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 add the Combat Infantryman Badge and all other awards to which he is entitled.

2.  The applicant states, in effect, the Combat Infantryman Badge was omitted from his DD Form 214.

3.  The applicant provides:

* a DD Form 214
* four pages of photographs
* an internet print-out from a website called "The Virtual Wall"
* a newspaper article
* a claims form from the Department of Veterans Affairs, dated 14 February 2013

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 22 April 1968 and held military occupational specialty 11C (Indirect Fire Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  Special Orders (SO) Number 137, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, on 28 May 1968 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 172, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, on 8 July 1968 awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

5.  SO Number 188, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, on 25 July 1968 awarded him the 1st Class Gunner Marksmanship Qualification Badge with Mortar Bar.

6.  SO Number 212, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, on 20 August 1968 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

7.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 27 April 1969 to 27 March 1970 and served with Company A, 2nd Battalion, 7th Calvary Regiment, 1st Air Calvary Division from 2 May 1969 to 
27 March 1970.

8.  SO Number 272, issued by Headquarters 1st Air Calvary Division, Vietnam, on 29 September 1969 awarded him the Combat Infantryman Badge.

9.  He was honorably released from active duty on 1 April 1970.  His DD Form 214 shows he completed 1 year, 11 months, and 10 days of net active service, 11 months and 5 days of which were credited as foreign service.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal
* Bronze Star Medal

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and 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, participation credit was awarded for the following three campaigns:

* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

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 Company A, 2nd Battalion, 7th Calvary Regiment, 1st Air Calvary Division, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 to 28 February 1970 in Department of the Army General Orders (DAGO) Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 in DAGO Number 42, dated 1972

12.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 22 April 1968 through 1 April 1970.  He received "excellent" ratings for his conduct and efficiency.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.  

13.  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.  



DISCUSSION AND CONCLUSIONS:

1.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), 1st Class Gunner Marksmanship Qualification Badge with Mortar Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to add these badges.  

2.  SO awarded him the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to add this badge.

3.  The evidence of record shows he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  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 First Class Unit Citation; therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

5.  He served honorably during the period 22 April 1968 through 1 April 1970.  His records do not contain any derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received “excellent” conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal and correction of his DD Form 214 to add 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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 
22 April 1968 through 1 April 1970
* adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar 
(.45 Caliber)
* 1st Class Gunner Marksmanship Qualification Badge with Mortar Bar
* Expert Marksmanship Qualification Badge with 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)                                         AR20130003510





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ABCMR Record of Proceedings (cont)                                         AR20130003510



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