IN THE CASE OF:	  

		BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130005706 


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 award of the Combat Infantryman Badge.

2.  The applicant makes no additional comments or argument.

3.  The applicant provides his DD Form 214 and orders for award of the Combat Infantryman Badge.

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 4 February 1969.  He was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of initial entry training.

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

	a.  he served in Vietnam from 7 July 1969 to on or about 1 July 1970;

	b.  he was assigned to Company A, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade, in Vietnam; and

	c.  he received all "excellent" conduct and efficiency ratings throughout his active duty service.

4.  Headquarters, Americal Division, Special Orders Number 260, dated 17 September 1969, awarded him the Combat Infantryman Badge.

5.  His record is void of any unfavorable information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

6.  He was honorably released from active duty on 7 December 1970 in the rank/grade of specialist four/E-4 after completing 1 year, 10 months, and 4 days of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

7.  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 the 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.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal 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 four campaigns:

* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

9.  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 that during his assignment to the 1st Battalion, 46th Infantry Regiment, it was cited for the following unit awards:

	a.  Valorous Unit Award for the period 11-31 August 1969 in Department of the Army General Orders Number 43, dated 1972; and

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August-31 December 1969 in Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge was carefully considered.

2.  Special orders awarded him the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence of record confirms he received all "excellent" conduct and efficiency ratings throughout his active duty service and his record is void of any unfavorable information or a commander's disqualification that would have precluded him from being awarded the first award of Army Good Conduct Medal. 
Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 4 February 1969 through 7 December 1970 and to add this award to his DD Form 214.

4.  He was awarded the Vietnam Service Medal with two bronze service stars; however, he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the additional bronze service stars.

5.  His unit in Vietnam was cited for award of the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  These unit awards should also be added to his DD Form 214.

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 4 February 1969 through 7 December 1970,

	b.  deleting award of the Vietnam Service Medal with two bronze service stars from his DD Form 214,

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20130005706



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ABCMR Record of Proceedings (cont)                                         AR20130005706



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