IN THE CASE OF:	  

		BOARD DATE:	  20 August 2014

		DOCKET NUMBER:  AR20140000646 


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) and any other awards to which he may be entitled.

2.  The applicant states he was awarded the CIB by the Americal Division on 9 January 1970.  His social security number (SSN) is incorrect on the orders which may be the reason the CIB is not shown on his DD Form 214.

3.  The applicant provides:

* self-authored letter, dated 19 December 2013
* Headquarters, Americal Division, Special Orders Number 9, dated 9 January 1970
* Headquarters, Americal Division, Special Orders Number 138, dated 18 May 1970

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 2 July 1968, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program.  He was discharged for immediate enlistment in the Regular Army.  On 18 September 1968, he enlisted in the Regular Army for a period of 2 years.  The applicant's corresponding DD Forms 4 (Enlistment Contract – Armed Forces of the United States) do not contain his SSN.

3.  Headquarters, 1st Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Special Orders Number 291, dated 12 December 1968, show he qualified as First Class Gunner (Sharpshooter) with the M-60 machine gun on 6 December 1968.

4.  On 25 February 1969, he was assigned to Headquarters and Headquarters Company (HHC), 4th Battalion (Mechanized), 30th Infantry Regiment, Fort Sill, OK, in military occupational specialty (MOS) 11C (Indirect Fire Infantryman).

5.  On or about 31 October 1969, he was transferred to Vietnam.

6.  On 20 November 1969, he was assigned to Company A, 4th Battalion (Mechanized), 3d Infantry Regiment, Americal Division, Vietnam, in MOS 11B (Light Weapons Infantryman).  On 18 April 1970, he was reassigned to HHC, 4th Battalion (Mechanized), 3d Infantry Regiment, Americal Division.

7.  An endorsement to a DA Form 2496 (Disposition Form) from the Commander, Company A, 4th Battalion (Mechanized), 3d Infantry Regiment, Americal Division, dated 6 June 1970, subject:  Request for Early Separation to Attend School (Applicant), states the applicant was not under charges, investigation, flagging action, or other administrative action and he rated the applicant's conduct and efficiency as "excellent."

8.  On or about 12 June 1970, he departed Vietnam.  He participated in three campaigns while serving in Vietnam.

9.  His DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.  His records do not contain orders awarding him the CIB.

10.  Item 38 (Record of Assignments) of his DA Form 20 shows he received exclusively "excellent" conduct and efficiency ratings.

11.  On 16 June 1970, the applicant was honorably released from active duty to attend school.  He completed 1 year, 8 months, and 29 days of active service during this period with 7 months and 16 days of foreign service under U.S. Army Pacific.

12.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14/M-16)
* Vietnam Service Medal (VSM)

13.  He provides:

	a.  Headquarters, Americal Division, Special Orders Number 9, dated 9 January 1970, awarding him the CIB.  These orders show he was assigned to Company A, 4th Battalion (Mechanized), 3d Infantry Regiment, Americal Division, Vietnam.  The SSN following his name differs from the SSN shown on his DD Form 214.

	b.  Headquarters, Americal Division, Special Orders Number 138, dated 18 May 1970, reassigning him from HHC, 4th Battalion (Mechanized), 3d Infantry Regiment, to Company A, 4th Battalion (Mechanized), 3d Infantry Regiment, with a reporting date of 21 May 1970.  The SSN following his name SSN differs from the SSN shown on his DD Form 214.

14.  His records contain numerous 4th Battalion (Mechanized), 30th Infantry Regiment, and Americal Division orders documenting a variety of personnel actions.  The preponderance of these orders shows his SSN as shown on his DD Form 214; however, other variations in his SSN are recorded.  Only the first three digits of his SSN remain consistent throughout his records.

15.  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.  

16.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.

17.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

18.  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 4th Battalion (Mechanized), 30th Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August-31 December 1969 and 31 March-30 June 1970 in Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records clearly show he was assigned to 4th Battalion (Mechanized), 3d Infantry Regiment, Americal Division, in MOS 11B during his service in Vietnam.  He provided Headquarters, Americal Division, Special Orders Number 9, dated 9 January 1970, awarding him the CIB.  Although the SSN following his name differs from the SSN shown on his DD Form 214, these orders are accepted as sufficient evidence upon which to base correction of his DD Form 214 to show this badge.

2.  The applicant's records show he completed 1 year, 8 months, and 29 days of honorable active service and he received exclusively "excellent" conduct and efficiency ratings.  His commander's endorsement to his request for early separation to attend school stated he was not under charges, investigation, flagging action, or other administrative action and rated his conduct and efficiency as "excellent."  Therefore, he should be awarded the AGCM (1st Award) for the period 18 September 1968-16 June 1970 and his DD Form 214 should be corrected to show this award.

3.  The applicant was awarded or authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and three bronze service stars with his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these awards.





BOARD VOTE:

____x___  ____x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding him the AGCM (1st Award) for the period 18 September 1968-16 June 1970
* deleting award of the VSM from his DD Form 214
* adding the following awards to his DD Form 214 –

* AGCM (1st Award)
* VSM with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* CIB
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)



      _______ _   _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)                                         AR20140000646



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ABCMR Record of Proceedings (cont)                                         AR20140000646



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