IN THE CASE OF:	  

		BOARD DATE:  20 February 2014

		DOCKET NUMBER:  AR20130010495 


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 award of the Combat Infantryman Badge.  He also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 12 December 1968, to show his awards and decorations, including: 

* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross
* campaign credit for the Vietnam Counteroffensive and TET campaigns

2.  The applicant states:

* he served his country honorably from 6 February 1967 to 12 December 1968 including 13 months and 27 days in combat
* he should be entitled to the Army Good Conduct Medal based on Executive Order Number 10444, dated 10 April 1953
* he was never awarded the Combat Infantryman Badge despite holding an infantry specialty and participating in many battles and campaigns

3.  The applicant provides his DD Form 214, ending on 12 December 1968.

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's records show he was inducted into the Army of the United States on 6 February 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  Special Orders (SO) Number 64, issued by Headquarters, 2nd Training Brigade, Fort Jackson, SC, on 1 April 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 

4.  SO Number 119, issued by Headquarters, Fort Polk, LA, on 9 May 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 

5.  On 17 May 1967, while still in training, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being disrespectful in language. 

6.  SO Number 128, issued by Headquarters, Fort Polk, LA, on 19 May 1967, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 

7.  His records show he served in Vietnam from on or about 10 July 1967 to on or about 9 July 1968.  He was assigned to B Troop, 1st Squadron, 10th Cavalry, 4th Infantry Division.  

8.  Unit Orders Number 15, issued by Troop B, 1st Squadron, 10th Cavalry, on 22 March 1968, appointed him to the temporary rank/grade of specialist four (SP4)/E-4.

9.  Unit Orders Number 26, issued by Troop B, 1st Squadron, 10th Cavalry, on 20 May 1968, ordered his reduction to private first class (PFC)/E-3 effective 18 May 1968 by reason of Article 15, UCMJ. 

10.  He also served in Germany from on or about 15 August 1968 to on or about 13 April 1971.  

11.  SO Number 333, issued by Headquarters, 3rd Infantry Division, on 10 November 1968, reappointed him to the temporary rank/grade of SP4/E-4. 

12.  He was honorably discharged on 12 December 1968 for the purpose of immediate enlistment in the Regular Army.  His DD Form 214 for this period of service shows he completed 1 year, 10 months, and 7 days of active service.  Additionally, it shows he was awarded or authorized the:

* Vietnam Campaign Medal with Device 1960
* Vietnam Service Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* one overseas service bar
* Vietnam Counteroffensive Campaign Phase III

13.  He enlisted in the Regular Army on 13 December 1968.  While in Germany, on 14 April 1969, he accepted NJP under the provisions of Article 15 of the UCMJ for failing to properly secure his weapon.  His punishment consisted of a reduction to E-3 (suspended until 14 June 1969), a forfeiture of pay, and extra duty and restriction. 

14.  SO Number 18, issued by Headquarters, 1st Battalion, 7th Infantry, 3rd Infantry Division, on 1 May 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 

15.  The complete facts and circumstances surrounding his discharge are not available for review with this case.  However, his records contain:

	a.  SO Number 95, issued by Headquarters, 3rd Infantry Division, on 13 April 1971, reducing him to the lowest enlisted grade, effective 13 April 1971, by reason of approval of discharge for the good of service with an undesirable discharge.

	b.  A DD Form 214 that shows he was discharged on 15 April 1971, under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) in lieu of trial by court-martial with an under other than honorable conditions discharge.  He was issued an Undesirable Discharge Certificate.  

   
c.  His DD Form 214 for the period ending 15 April 1971 shows he was awarded or authorized the:

* Vietnam Service Medal
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

16.  A review of his service record does not reveal special orders that show he was awarded the Combat Infantryman Badge or the Army Good Conduct Medal.

17.  A review of his DA Form 20 (Enlisted Qualification Record) shows:

	a.  In item 38 (Record of Assignment), he received "Excellent" conduct and efficiency ratings from 6 February 1967 until 24 November 1969 and an unknown rating from 25 November 1969 until his undesirable discharge on 15 April 1971.

	b.  In item 41 (Awards and Decorations), no listing of the Combat Infantryman Badge or the Army Good Conduct Medal.

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

19.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* each 3 years completed on or after 27 August 1940
* for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946
* for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* for first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty
* for first award only, for those individuals who died before completing 
		1 year of active Federal service if the death occurred in the line of duty  
20.  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 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

21.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal. Appendix B shows that during his service in Vietnam, participation credit was awarded for the below named campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968

22.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam with the 1st Squadron, 10th Cavalry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from October 1966 to 28 July 1969 based on DA General Orders Number 3, dated 1970.

23.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.


DISCUSSION AND CONCLUSIONS:

1.  The applicant completed two periods of continuous active duty from 6 February 1967 through 12 December 1968 (1 year, 10 months, and 7 days) and from 13 December 1968 through 15 April 1971 (2 years, 4 months, and 
3 days) for a total of 4 years, 2 months, and 10 days of active service with no lost time.  

2.  With respect to the Combat Infantryman Badge: 

	a.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

	b.  The applicant's service in Vietnam in an infantry MOS is not in question.  However, there is insufficient evidence in the available records and he did not submit substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.  

	c.  In the absence of additional documentary evidence that specifically places him under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.

3.  With respect to the Army Good Conduct Medal, although the applicant completed 4 years, 2 months, and 10 days of active service, there is insufficient evidence to indicate he was fully qualified for award of the Army Good Conduct Medal.  

	a.  First, the Army Good Conduct Medal is authorized, for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The applicant's service was not terminated; it was continuous. He would not have qualified for the Army Good Conduct Medal when he was discharged on 12 December 1968 for the purpose of enlistment in the Regular Army. 

	b.  Second, the applicant received three Article 15s for various misconduct.  His May 1967 Article 15 was for being disrespectful and his May 1968 Article 15 was for misconduct and led to a reduction to E-3.  His third (April 1969) Article 15 was received during his second period of active duty for failing to properly secure his weapon also led to a suspended reduction. 

	c.  Third, although the applicant's conduct and efficiency ratings were excellent from 6 February 1967 to 24 November 1969 (less than 3 years), his ratings were unknown from 25 November 1969 until his undesirable discharge.  Furthermore, the facts and circumstances surrounding his discharge are unknown; however, what is known is that he was discharged with an under other than honorable conditions characterization of service, was reduced to the lowest enlisted grade, and received an Undesirable Discharge Certificate.  

	d.  There was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.  Given the applicant's misconduct, it is reasonable to presume the commander did not make a positive recommendation to award him this medal.  Therefore, he is not entitled to this award.

4.  The applicant was awarded the Vietnam Service Medal.  He also participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars on his already-awarded Vietnam Service Medal to designate his campaign participation which included the four campaigns mentioned earlier. 

5.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  The applicant completed 12 months of service in Vietnam from or about 10 July 1967 to on or about 9 July 1968.  He qualified for two overseas service bars.  His DD Form 214 only listed one service bar.  Therefore, he is entitled to correction of his DD Form 214 to show two overseas service bars. 

7.  SO awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) during his first period of service.  His DD Form 214 ending on 12 December 1968 listed the entry for a rifle badge without clarifying which weapon system.  As a matter of clarity, this entry should be deleted and he should be entitled to correction of his DD Form 214 to show all three badges. 



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 ending on 12 December 1968 the Vietnam Service Medal, one overseas service bar, and the entry "Sharpshooter Badge (Rifle)" 
* adding to his DD Form 214 ending on 12 December 1968 the:

* Vietnam Service Medal with four bronze service stars
* two overseas service bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar         (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Combat Infantryman Badge and the Army Good Conduct Medal. 



      _______ _  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)                                         AR20130010495





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ABCMR Record of Proceedings (cont)                                         AR20130010495



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