BOARD DATE:	  19 February 2014

		DOCKET NUMBER:  AR20130011609 


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 he was assigned to 1st Battalion, 18th Infantry Regiment from November 1967 through November 1968.

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 27 June 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was stationed in the Republic of Vietnam from 15 December 1966 through 8 December 1967, serving with 1st Battalion, 18th Infantry Regiment.

3.  His record contains:

   a.  Special Orders Number 206, issued by Headquarters, Fort Polk, LA, dated 10 August 1966, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

   b.  Special Orders Number 269, issued by Headquarters, Fort Polk, LA, dated 17 October 1966, which show he was awarded the Marksman, 2nd Class Gunner, Marksmanship Qualification Badge with Machine Gun Bar (M-60).
   
   c.  Special Orders Number 271, issued by Headquarters, Fort Polk, LA, dated 19 October 1966, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
   
   d.  Special Orders Number 28, issued by Headquarters, 1st Infantry Division, dated 28 January 1967, which show he was awarded the Combat Infantryman Badge.
   
4.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).  His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as all “excellent.”

5.  On 26 June 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His 
DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal with bronze service star  
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal

6.  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 1st Battalion, 18th Infantry Regiment, a unit to which the applicant was assigned, was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969;  

   b.  Valorous Unit Award for the period 6 October through 10 December         1967 by DAGO 32, dated 1973; and
   
   c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 by DAGO 53, dated 1970.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:  

* Vietnam Counteroffensive, Phase II
* Vietnam Counteroffensive, Phase III

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have 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.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); Marksman, 2nd Class Gunner, Marksmanship Qualification Badge with Machine Gun Bar (M-60); Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); and the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to show these awards.
 
2.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these citations.

3.  The applicant's unit was awarded the Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this award.

4.  Records show the applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  The evidence of record confirms he served honorably during the period 27 June 1966 through 26 June 1968.  He received the Bronze Star Medal and the Combat Infantryman Badge.  He also received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 27 June 1966 through 26 June 1968 and to correct his DD Form 214 to show this 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.  awarding him the Army Good Conduct Medal (1st Award) for the period
27 June 1966 through 26 June 1968;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman, 2nd Class Gunner, Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20130011609





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ABCMR Record of Proceedings (cont)                                         AR20130011609



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