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ARMY | BCMR | CY2013 | 20130006501
Original file (20130006501.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130006501 


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 reconsideration of his earlier request for 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 (CIB).  As a new issue, he now requests correction of his DD Form 214 to show award of the Army Good Conduct Medal (AGCM).

2.  The applicant states:

* although he provided past combat missions and patrols and letters, the Board denied his request for award of the CIB
* no award for good conduct was noted in his records
* his Army Military Human Resource Record is not accurate

3.  The applicant provides:

* letter from the U.S. Army Human Resources Command, Fort Knox, KY, dated 12 March 2013
* page 1 of Special Orders Number 247, issued by Headquarters, 4th Infantry Division, dated 3 September 1968
* General Orders Number 367, issued by Headquarters, 24th Infantry Division, dated 30 October 1969


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100010460, dated 14 September 2010.

2.  The applicant provides page 1 of the special orders awarding him the CIB, which was not previously considered by the Board.  The orders are new evidence and as such warrant consideration by the Board.

3.  The applicant was inducted into the Army of the United States on
28 November 1967.  He completed initial entry training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

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

* item 31 (Foreign Service), service in Vietnam during the period 31 May 1968 to 30 May 1969
* item 38 (Record of Assignments), Company A, 1st Battalion, 22nd Infantry, 4th Infantry Division, for the period 17 June 1968 through 30 May 1969
* item 41 (Awards and Decorations):

*	National Defense Service Medal
*	Republic of Vietnam Campaign Medal
*	Vietnam Service Medal
*	1 Overseas Service Bar
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Marksmanship Qualification Badge with Rifle Bar (M16)

5.  General Orders Number 3073, issued by Headquarters, 4th Infantry Division, dated 14 June 1969, awarded him the Army Commendation Medal.

6.  General Orders Number 367, dated 30 October 1969, awarded the applicant the AGCM (1st Award) for the period 28 November 1968 through his date of separation on or about 27 November 1969.

7.  On 26 November 1969, he was honorably released from active duty by reason of expiration of his term or service.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Marksmanship Qualification Badge with Rifle Bar (M16)
* Vietnam Service Medal
* 2 Overseas Service Bars
* 1st Class Gunner (now known as the Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  A review of his record indicates he is entitled to additional awards not shown on his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  The Vietnam campaigns are listed in Appendix B.  His record shows his service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive (23 February 1969 – 8 June 1969)

10.  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 the 1st Battalion, 22nd Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971, by Department of the Army General Order (DAGO) Number 54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through to 31 October 1969, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided orders showing he was awarded the CIB by proper authority.  Therefore, he is entitled to correction of his DD Form 214 to show award of the CIB.

2.  General orders awarded him the AGCM (1st Award) and the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to show these awards.
3.  He served in a unit during a period for which it was cited for award of 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.

4.  He served in Vietnam during four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded Vietnam Service Medal.

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 amendment of the ABCMR’s decision in Docket Number AR20100010460, dated 14 September 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. removing the Vietnam Service Medal from his DD Form 214; and 

b. adding the following awards and decorations to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Combat Infantryman Badge
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


      _______ _   _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)                                         AR20130006501



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ABCMR Record of Proceedings (cont)                                         AR20130006501



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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