IN THE CASE OF:	   

		BOARD DATE:	  28 January 2014

		DOCKET NUMBER:  AR20130009275 


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, in effect, award of Combat Infantryman Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this badge.

2.  The applicant states his DD Form 214 shows his time in service and awards for all requirements.

3.  The applicant provides no additional evidence.

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 6 November 1967.  He completed training and was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman).

3.  He served in Vietnam from 16 April 1968 through 11 April 1969 during four campaigns.  He was assigned to Headquarters and Headquarters Company, 1st Battalion (Mechanized), 5th Infantry, 25th Infantry Division.

4.  His records contain Headquarters, 25th Infantry Division, General Orders Number 3676, dated 18 May 1968, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 15 May 1968.

5.  On 15 August 1969, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for incapacitating himself for the proper performance of his duties by indulging in intoxicating liquor on 9 August 1969.

6.  His records also contain a DA Form 2496 (Disposition Form), dated 16 October 1969, indicating his eligibility for award of the Army Good Conduct Medal (1st Award).  The DA Form 2496 is not endorsed.  However, there is also no evidence that his commander disqualified him for award of the Army Good Conduct Medal (1st Award).

7.  He was honorably released from active duty in pay grade E-5 on 5 November 1969.  He completed 2 years of net active service with no lost time.

8.  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* National Defense Service Medal

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

* item 38 (Record of Assignments), he received "excellent" conduct and efficiency ratings throughout his service
* item 41 (Awards and Decorations), the following marksmanship qualification badges in addition to those shown on his DD Form 214 –

* Expert Marksmanship Qualification Badge with Mortar Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  There are no orders in his personnel records authorizing or awarding him the Combat Infantryman Badge during his period of service in Vietnam.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the award of the Combat Infantryman Badge to the applicant.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 will be worn on the appropriate campaign or service medal based on qualifying service for each campaign listed in appendix B, including the Vietnam Service Medal.

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 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.  There must have been no convictions by a court-martial.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 1st Battalion, 5th Infantry, was cited for award of the:

* Presidential Unit Citation for the period 18 August through 20 September 1968 in Department of the Army General Orders (DAGO) Number 82, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods January 1966 through August 1968 and 1 September 1968 through 30 September 1970 in DAGO Number 48 and Number 5, dated 1971 and 1973, respectively
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1971 in DAGO Number 9, dated 1979

15.  Department of the Army Pamphlet 672-3 further states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Republic of Vietnam Gallantry Cross.  The pamphlet provides that although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Combat Infantryman Badge, general orders awarded the applicant the Purple Heart for wounds received in action in connection with military operations against a hostile force on 15 May 1968.  Notwithstanding the absence of orders for the Combat Infantryman Badge, the evidence shows he served in an infantry MOS in an infantry unit and participated and was wounded as a result of hostile action.  It appears he met the criteria for award of the Combat Infantryman Badge.  Therefore, he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this badge.

2.  Notwithstanding the evidence of nonjudicial punishment for a minor offense, he received consistently "excellent" conduct and efficiency ratings during his active duty service.  He served in Vietnam and was wounded in action, he attained the rank of pay grade E-5, and he was determined to be eligible for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for his period of service from 6 November 1967 through 5 November 1969 and his DD Form 214 should be corrected to show this medal.

3.  He served in Vietnam during four campaigns; 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 these service stars.

4.  DAGO awarded his unit the Presidential Unit Citation, two Republic of Vietnam Gallantry Cross with Palm Unit Citations, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  The regulation provides that although multiple awards of Republic of Vietnam Gallantry Cross with Palm Unit Citation are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, his is entitled to correction of his DD Form 214 to show these unit awards.
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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 6 November 1967 through 5 November 1969
* awarding him the Combat Infantryman Badge for participation in ground combat on 15 May 1968
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Mortar Bar
* Marksman 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)                                         AR20130009275



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ABCMR Record of Proceedings (cont)                                         AR20130009275



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