BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20130013505 


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 add the Combat Infantryman Badge and any other awards to which he may be entitled.  

2.  The applicant states that the awards listed on his DD Form 214 do not match the awards contained within his military record.  Additionally, he received the Combat Infantryman Badge but it is not listed on his DD Form 214.

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 19 April 1971.  He held military occupational specialty (MOS) 11C (Indirect Fire Infantryman) and attained the rank/grade of specialist four/E-4.

3.  Headquarters, 1st Basic Combat Training Brigade, U.S. Army Training Center, Fort Ord, CA, issued the following special orders (SO): 

* SO Number 105, on 9 June 1971 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* SO Number 125, on 8 July 1971 awarded him the Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* SO Number 137, on 12 July 1971 awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* SO Number 137, on 26 July 1971 awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* SO Number 250, on 12 August 1971 awarded him the Sharpshooter Marksmanship Qualification Badge with Mortar Bar

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 5 September 1971 to 5 April 1972 and served with:

* C Company, 2nd Battalion (Airmobile), 506th Infantry Regiment from 
5 October 1971 to 2 December 1971
* F Company, 1st Battalion (Airmobile), 501st Infantry Regiment from
3 December 1971 to 25 January 1972
* 196th Replacement Detachment from 26 January 1972 to 1 February 1972
* A Company, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade from 2 February 1972 to 28 March 1972
* C Company, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade from 29 March 1972 to 29 March 1972
* Headquarters and Headquarters Company, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade from 30 March 1972 to 5 April 1972

5.  His record did not contain orders awarding him the Combat Infantryman Badge. 

6.  He was honorably released from active duty on 4 May 1972.  His DD Form 214 shows he completed 1 year and 16 days of net active service, of which 7 months and 1 day was credited as foreign service.  Additionally, he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

7.  Army Regulation 600-8-22 (Military Awards) states 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.

8.  Army Regulation 600-8-22, paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states 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 three campaigns:

* Consolidation I (1 July 1971 - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Cease-Fire (30 March 1972 - 28 January 1973)

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 506th Infantry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 to 9 October 1971 by DA General Orders (DAGO) Number 6, dated 1974. 

10.  A review of his service records shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 19 April 1971 through 4 May 1972.  He received all “excellent” conduct and efficiency ratings.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.  The applicant's infantry MOS and/or his service in Vietnam are not in question.  However, there is no evidence in the available records and he did not submit substantiating evidence that shows he was awarded the CIB or that he participated in active ground combat while assigned or attached to an infantry unit.

2.  In the absence of official orders or other documentary evidence that conclusively shows he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidentiary basis for granting the applicant's requested relief.

3.  The evidence of record shows he participated in three campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  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 add this unit award.

5.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Mortar Bar.  Therefore, he is entitled to correction of his DD Form 214 to add these badges.

6.  The applicant served honorably during the period 19 April 1971 through 4 May 1972.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, he had received all "excellent" conduct and efficiency ratings.  He met the criteria for this award; therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to add this award.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 
19 April 1971 through 4 May 1972
* deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar

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 the Combat Infantryman Badge.  




      _______ _  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)                                         AR20130013505





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ABCMR Record of Proceedings (cont)                                         AR20130013505



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