IN THE CASE OF:	  

		BOARD DATE:	    2 January 2014

		DOCKET NUMBER:  AR20130007806 


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, Air Medal, and Army Commendation Medal with "V" Device.

2.  The applicant states these awards were never added to his DD Form 214.

3.  The applicant provides a copy of his Vietnam Combat Certificate.

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 1 March 1968.  He completed training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served in Vietnam from 28 August 1968 through 21 August 1969, during four campaigns.  He was assigned to:

* Company C, 2nd Battalion, 12th Calvary Division, 1st Air Cavalry Division (Airmobile) from 5 September 1968 to 25 February 1969
* Headquarters and Headquarters Company (HHC), 2nd Brigade, 1st Cavalry Division (Airmobile) from 26 February 1969 through 5 August 1969
* HHC, 1st Brigade, 1st Air Cavalry Division (Airmobile) from 6 to 20 August 1969

3.  His record contains the following General Orders (GO), issued by Headquarters, 1st Cavalry Division (Airmobile):

* GO Number 2095, on 20 February 1969, awarding him the Air Medal for meritorious achievement from August 1968 to January 1969
* GO Number 7096, on 5 June 1969, awarding him the Army Commendation Medal with "V" Device for heroism on 29 January 1969
* GO Number 8294, on 5 July 1969, awarding him the Army Commendation Medal for meritorious service from August 1968 to August 1969

4.  He was honorably released from active duty in pay grade E-5 on 27 February 1970 and was transferred the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 11 months, and 29 days of net active service with no time lost.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Vietnam Campaign Medal with Device 1960
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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

   a.  Item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

   b.  Item 41 (Awards and Decorations) the same awards shown on his         DD Form 214 with the addition of Combat Infantryman Badge, awarded by authority of Special Orders (SO) Number 44, issued by Headquarters, 1st Cavalry Division (Airmobile); Expert Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

	b.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

7.  Army Regulation 672-5-1 (Decorations and 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 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows during his period of service with the 2nd Battalion, 12th Cavalry, this unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 January 1969 through 1 February 1970, by Department of the Army GO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal with "V" Device and the Air Medal during his period of service in Vietnam.  Therefore, his         DD Form 214 should be corrected to show these awards.

2.  SO awarded him the Combat Infantryman Badge as shown on his DA Form 20.  Therefore, he is entitled to have his DD Form 214 corrected to show this badge.

3.  He served honorably during the period 1 March 1968 through 27 February 1970.  He received all "excellent" conduct and efficiency ratings throughout his service.  There is no record 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.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  The applicant 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 the award of four additional bronze service stars.

5.  He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  Therefore, his DD Form 214 should be corrected to show the appropriate marksmanship qualification badges.

6.  GO awarded his unit in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show this unit 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:

* deleting from his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal with one bronze service star
* awarding him the Army Good Conduct Medal (1st Award) for the period
1 March 1968 through 27 February 1970
* adding to his DD Form 214 the:

* Air Medal
* Army Commendation Medal (2nd Award) and with "V" Device
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar



      _______ _ 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)                                         AR20130007806



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ABCMR Record of Proceedings (cont)                                         AR20130007806



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