BOARD DATE:	  17 July 2014

		DOCKET NUMBER:  AR20130019443 


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 that his awards of the Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), and Air Medal be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he wants his DD Form 214 to show his complete and accurate service to our country.

3.  The applicant provides copies of his award certificates and citations for the ARCOM and Air Medal.  

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 25 February 1969.  He completed one-station unit training as a light weapons infantryman at Fort Polk, Louisiana and was transferred to Vietnam on 28 July 1969 for assignment to Company D, 1st Battalion, 35th Infantry Regiment.  On 8 March 1970, he was assigned to Company E, 1st Battalion, 22nd Infantry Regiment.

3.  On 22 July 1970, after serving in four campaigns, he departed Vietnam for assignment to Fort Riley, Kansas where he remained until he was honorably released from active duty (REFRAD) on 24 February 1971, due to the expiration of his term of service.  He had served 2 years of active service and the DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Bronze Star Medal, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant has provided award citations and certificates for the ARCOM and Air Medal and a review of his official records reveal orders for those awards.  However, his records do not contain orders awarding him the CIB and they do not indicate that he engaged the enemy in ground combat. 

5.  His records do show he received all "excellent" conduct and efficiency ratings throughout his service and are void of any derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal.

6.  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 the 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.

7.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM and Air Medal and is entitled to have those awards added to his DD Form 214.

2.  He also served in four campaigns and is entitled to wear four bronze service stars on his already awarded Vietnam Service Medal and have them added to his DD Form 214.

3.  The applicant met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 25 February 1969 to 24 February 1971.  Accordingly, it should be awarded at this time and added to his DD Form 214.

4.  However, the applicant has failed to show through the evidence of record and the evidence submitted with his application that he was awarded the CIB or met the criteria for award of the CIB.  Therefore, in the absence of such evidence, there appears to be no basis to add the CIB to his records at this time.

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 the award of the Vietnam Service Medal from his DD Form 214
* Awarding him the Army Good Conduct Medal (1st Award) for the period 25 February 1969 to 24 February 1971
* Adding the awards of the Vietnam Service Medal with four bronze service stars, ARCOM, Air Medal and Army Good Conduct Medal (first award) to his DD Form 214

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 adding the award of the CIB to his DD Form 214.


3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20130019443





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ABCMR Record of Proceedings (cont)                                         AR20130019443



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