IN THE CASE OF:	  

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130022013 


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 (CIB).

2.  The applicant states he was awarded the CIB in August 1966 but the badge was not recorded on his DD Form 214. 

3.  The applicant provides orders for the CIB.

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 7 December 1965.  He was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of initial entry training.

3.  Headquarters, Fort Polk, LA, Special Orders Number 085, dated 31 March 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  

4.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  he served in Vietnam from 17 May 1966 to 20 May 1967;

	b.  he was assigned to Company B, 2nd Battalion, 35th Infantry from 
23 May to 30 December 1966 and to Headquarters and Headquarters Company, 35th Infantry from 31 December 1966 to 19 May 1967;

	c.  he received all "excellent" conduct and efficiency ratings throughout his active duty service.

5.  Headquarters, 3rd Brigade Task Force, 25th Infantry Division, Special Orders Number 193, dated 29 August 1966, awarded him the CIB.

6.  His record is void of any unfavorable information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

7.  He was honorably released from active duty on 6 December 1967 in the rank/grade of sergeant/E-5 after completing 2 years of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal
* Vietnam Campaign Medal
* National Defense Service Medal
* 2 overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  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.
9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal 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:

* Vietnamese Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967)

10.  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 that during his assignment to Company B, 2nd Battalion, 35th Infantry, it was cited for the following unit awards:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966-1 August 1967 in Department of the Army General Orders Number 48, dated 1971; and

	b.  Presidential Unit Citation for the period 28-29 May 1966 in Department of the Army General Orders Number 51, dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the CIB has been carefully considered.

2.  Special orders awarded him the CIB and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The evidence of record confirms he received all "excellent" conduct and efficiency ratings throughout his active duty service and his record is void of any unfavorable information or a commander's disqualification that would have precluded him from being awarded the first award of Army Good Conduct Medal. 
Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 7 December 1965 through 6 December 1967 and to add this award to his DD Form 214.

4.  He was awarded the Vietnam Service Medal; however, he participated in two campaigns during his service in 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 the additional bronze service stars.

5.  His unit in Vietnam was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Presidential Unit Citation during his period of assignment.  These unit awards should also be added to his DD Form 214.

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 
7 December 1965 through 6 December 1967;

	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
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar




      ___________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)                                         AR20130022013



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ABCMR Record of Proceedings (cont)                                         AR20130022013



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