IN THE CASE OF:  	  

		BOARD DATE:  11 September 2014  	  

		DOCKET NUMBER:  AR20140001028 


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 Reports of Transfer or Discharge) to show the Combat Infantryman Badge and any other awards he earned as a result of his service in Vietnam.

2.  The applicant states he was awarded the Combat Infantryman Badge on 10 February 1969 but it was not shown on his DD Form 214. 

3.  The applicant provides his DD Form 214 and Special Orders (SO) Number 41 awarding him the Combat Infantryman Badge.

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's records show he was inducted into the Army of the United States on 12 January 1968 and he held military occupational specialty 11C (Infantry Indirect Fire Crewmember). 

3.  SO Number 54, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC, on 11 April 1968 awarded him the Expert Marksmanship Qualification Badge with Mortar Bar. 

4.  He served in Vietnam from on or about 4 November 1968 to on 30 October 1969.  He was assigned to Company A, 3rd Battalion, 12th Infantry Regiment.  

5.  SO Number 41, issued by Headquarters, 4th Infantry Division, on 10 February 1969 awarded him the Combat Infantryman Badge. 

6.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 30 October 1969.  He completed 1 year, 9 months, and 19 days of active service with no lost time.  His DD Form 214 shows the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Vietnam Campaign Medal
* 2 overseas service bars

7.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.

8.  His records show he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 16 May 1968 for failing to go at the time prescribed to his appointed place of duty.  However: 

	a.  His records contain a DA Form 137 (Installation Clearance Record) that listed his conduct and efficiency ratings as "excellent"; and 

	b.  A review of his service record shows no other derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.


9.  Army Regulation 672-5-1 (Military 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.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69/Counteroffensive (23 February-8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969-30 April 1970)

11.  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 during his service with the 3rd Battalion, 12th Infantry (November 1968 to November 1969) this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1966 to 28 July 1969, based on Department of the Army General Orders (DAGO) Number 3, dated 1970, and from 29 July 1969 to 17 November 1970, based on DAGO Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1966 to 31 October 1969 based on DAGO Number 53, dated 1970

12.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Expert Marksmanship Qualification Badge with Mortar Bar and the Combat Infantryman Badge, neither of which is shown on his 


DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show both badges. 

2.  GO awarded his unit in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, none of which are shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  He was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  He served honorably from 12 January 1968 through 30 October 1969.  He served in Vietnam, attained the rank/grade of SP4/E-4, and received "excellent" efficiency and conduct ratings throughout his military service.  Aside from the minor NJP he received in May 1968, his records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 12 January 1968 through 30 October 1969
* deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Mortar Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation           (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal with First Class 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)                                         AR20140001028





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ABCMR Record of Proceedings (cont)                                         AR20140001028



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