IN THE CASE OF:	  

		BOARD DATE:	  27 February 2014

		DOCKET NUMBER:  AR20130011516 


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 the Combat Infantryman Badge (CIB).  He also requests that his rank be shown as specialist four.

2.  The applicant states this badge was not listed on his DD Form 214.  He further states that his rank was shown as “SP9.”

3.  The applicant provides copies of:

* DD Form 214
* Special Orders Number 136, U.S. Army Support Command, (USA SUPCOM), Qui Nhon, dated 16 May 1971

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.  On 11 August 1970, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The following special orders (SO) published at Fort Jackson, SC announced award of the indicated marksmanship badges:

* SO 199, dated 5 November 1970: Sharpshooter with Grenade Bar
* SO 203, paragraph 5, dated 12 November 1970: Expert with Machinegun Bar
* SO 203, paragraph 10, dated 12 November 1970: Sharpshooter with Pistol Bar
* SO 209, dated 23 November 1970: Expert with Rifle Bar

4.  On 18 December 1970, the applicant departed Fort Jackson, SC for duty in the Republic of Vietnam (RVN) where he was assigned for duty with Company C, 54th Infantry Regiment.

5.  On 10 March 1971, the applicant was advanced to specialist four, pay grade E-4.

6.  SO Number 136, USA SUPCOM, Qui Nhon, dated 16 May 1971, as provided by the applicant and on file in his personnel records, announced award of the CIB effective 30 April 1971.

7.  On 16 December 1971, the applicant departed the RVN and returned to the United States for duty at Fort Carson, CO.

8.  On 14 February 1972, the applicant was honorably released from active duty.  His DD Form 214 shows:

	a.  his rank as "SP9"; and

	b.  his awards as the National Defense Service Medal, Vietnam Campaign Medal with 1960 Device, and the Vietnam Service Medal with one bronze service star.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

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

	a.  Appendix B of this regulation shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods:

* Vietnam Counteroffensive, Phase VII
* Consolidation I
* Consolidation II

	b.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.

12.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his rank as specialist four and that he was awarded the CIB.

2.  The evidence of record shows that the applicant was advanced to specialist four.  There is no indication that he lost this rank at any time.  Therefore, it would be appropriate to correct his DD Form 214 to show he was REFRAD in the rank of specialist four.

3.  SO announced award of the CIB to the applicant effective 30 April 1971.  Therefore, this badge should be shown on his DD Form 214.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

7.  SO show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars.  Therefore, his records should be corrected to show this badge.

8.  Records show the applicant qualified as a sharpshooter with his pistol and grenade.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Pistol and Grenade Bars.

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.  awarding him the Army Good Conduct Medal for the period 11 August 1970 to 14 February 1972;

	b.  deleting from his DD Form 214 the Vietnam Service Medal with one bronze service star; and
	c.  showing, in addition to the awards already shown on his DD Form 214, that his awards include:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars
* Sharpshooter Marksmanship Qualification Badge with Pistol and Grenade Bars




      _______ _   _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)                                         AR20130011516





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ABCMR Record of Proceedings (cont)                                         AR20130011516



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