IN THE CASE OF:	   

		BOARD DATE:	  4 February 2014

		DOCKET NUMBER:  AR20130008863 


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 states, in effect, he was awarded the Combat Infantryman Badge and it was omitted on his DD Form 214.

3.  The applicant provides a statement from his former battalion commander and 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 enlisted in the Army National Guard of the United States (ARNGUS) on 26 February 1968.  He completed training and was awarded military occupational specialty 11D (Armor Intelligence Specialist).

3.  On 13 May 1968, the applicant was ordered to active duty.

4.  He served in Vietnam during the period 23 May 1969 through 26 November 1969 and was assigned to Headquarters and Headquarters Company, 2nd Battalion, 34th Armor, 25th Infantry Division.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* 1 Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Machinegun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  Special Orders Number 193, issued by Headquarters, 25th Infantry Division, dated 12 July 1969, awarded the applicant the Combat Infantryman Badge.

7.  On 12 December 1969, he was honorably released from active duty and returned to the ARNGUS.  His DD Form 214 shows he completed 1 year and 7 months of creditable active military service and he was credited with 6 months and 3 days of foreign service.  His DD Form 214 also shows he was awarded the:

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

8.  On 3 February 1970, he was honorably discharged from the ARNGUS and transferred to the U.S. Army Reserve.  His National Guard Bureau Form 22 shows in Item 24 (Decorations, Citations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized):

*	National Defense Service Medal
*	Combat Infantryman Badge
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Vietnam Service Medal
*	1 Overseas Service Bar

9.  A review of the applicant's records shows he is entitled to additional awards and decorations. 

10.  His records show he received "excellent" conduct and efficiency ratings and are void of documentation showing he was awarded the Army Good Conduct Medal.

11.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with 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)

13.  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 the applicant's assignment with Headquarters and Headquarters Company, 2nd Battalion, 34th Armor, 25th Infantry Division, the unit was cited for awards as follows:

* 2nd Battalion, 34th Armor – the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Order (DAGO) Number 5, dated 1973
* Headquarters and Headquarters Company – the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 September 1967 to 21 January 1970 by DAGO Number 51, dated 1971 

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to show this badge.
2.  The applicant served honorably during the period 13 May 1968 through 12 December 1969.  He received all "excellent" conduct and efficiency ratings during this period and his record is void of any disciplinary actions.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  General orders awarded the unit to which he was assigned while in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The applicant was awarded the Vietnam Medal and he served in Vietnam during three campaigns; therefore, he is entitled to correction of his DD Form 214 to show three service stars for wear on the 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 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.  Removing the Vietnam Service Medal from his DD Form 214.

	b.  Awarding him the Army Good Conduct Medal (1st Award) for the period 13 May 1968 through 12 December 1969.

	c.  Adding to his DD Form 214 the following:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with three 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)                                         AR20130008863



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008863



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1