BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130014556 


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 his award of the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 17 February 1969.

2.  The applicant states he earned the Combat Infantryman Badge while serving as an infantry team leader with Company C, 2nd Battalion, 501st Infantry (Airborne), 101st Airborne Division. 

3.  The applicant provides:

* DD Form 214
* Official Statement of Award of Combat Infantryman Badge from the U.S. Army Reserve Personnel Center (now known as the U.S. Army Human Resources Command (HRC))
* a letter, dated 13 November 1990, from the Awards and Department of Veterans Affairs (VA) Benefits Section, HRC
* his orders for the award of the Purple Heart

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 18 February 1966, he enlisted in the Regular Army for 3 years.  

3.  On 30 August 1966, while assigned to the 6th Enlisted Training Company at Aberdeen Proving Ground, MD, he accepted nonjudicial punishment (NJP) for violating unit policy by introducing and consuming alcoholic beverages in the company area.  

4.  His DA Form 20 (Enlisted Qualification Record) shows that upon his reassignment from the 6th Enlisted Training Company he received conduct and efficiency ratings of "excellent."

5.  On 16 December 1967, he was assigned to Company C, 2nd Battalion (Airborne), 501st Infantry in the Republic of Vietnam with principal duty as a grenadier.

6.  On 11 March 1968, he received a gunshot wound to his left hand when his unit engaged a hostile force in a firefight.  He was medically evacuated to the 249th General Hospital on 12 March 1968.  Headquarters, 101st Airborne Division General Orders Number 429, dated 18 April 1968, awarded him the Purple Heart for this wound.

7.  On 17 February 1969, he was released from active duty.  He completed 
3 years of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His 
DA Form 20 shows he received conduct and efficiency ratings of “excellent” throughout his service.

9.  A letter, dated 13 November 1990, from the Awards and VA Benefits Section at HRC replied to the applicant's request for a copy of the orders awarding the Combat Infantryman Badge.  The letter forwarded an Official Statement of Award of Combat Infantryman Badge in lieu of orders.   

10.  The Official Statement of Award of Combat Infantryman Badge from HRC stated the applicant was entitled to the Combat Infantryman Badge for satisfactory performance of duty in active combat while he was assigned to Company C, 2nd Battalion, 501st Infantry in the Republic of Vietnam.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

12.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings. 

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

	a.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

	b.  Table B-1 includes the following Vietnam campaigns:

* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 
	29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)




DISCUSSION AND CONCLUSIONS:

1.  HRC verified his entitlement to the Combat Infantryman Badge.  Therefore, this award should be added to his DD Form 214.

2.  Based on the minor nature of his offense and the fact that he received conduct and efficiency ratings of “excellent” throughout his service, the applicant's NJP is not in conflict with recognizing his service as exemplary.

3.  Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 18 February 1966 to 17 February 1969. 

4.  Based on his service in the Republic of Vietnam he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars to be worn on his Vietnam Service 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 (First Award) for the period from 18 February 1966 to 17 February 1969; and







	b.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* 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)                                         AR20130014556



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ABCMR Record of Proceedings (cont)                                         AR20130014556



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