IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001350
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 award of the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the CIB and it is not reflected on his DD Form 214.
3. The applicant provides a statement from The Adjutant General of the Army awarding him the CIB and copies of his DD Form 214s.
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 on 2 January 1968. He completed his one-station unit training as an infantryman at Fort Lewis, Washington and was transferred to Vietnam on 28 May 1968 for assignment to Company D, 1st Battalion, 46th Infantry Regiment.
3. He participated in four campaigns and departed Vietnam on 24 April 1969 for assignment to Fort Riley, KS where he remained until he was honorably released from active duty (REFRAD) on 18 December 1969. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, and his marksmanship badges.
4. A review of his official records shows he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).
5. The statement from The Adjutant General is dated 21 April 1978 and indicates the applicant is authorized the CIB.
6. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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. There must have been no convictions by a court-martial.
7. 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 the applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
8. Army Regulation 600-8-22, (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. In this case it is the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the CIB and it should be added to his DD Form 214 at this time.
2. Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service. His records do not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM. Therefore, he should be awarded the AGCM (1st Award) for the period 2 January 1968 through 18 December 1969 and his DD Form 214 should be corrected to show this award.
3. His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show this unit award.
4. The applicant served in four campaigns during his assignment to Vietnam and thus is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal and to have it 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:
1. 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 AGCM (1st Award) for the period 2 January 1968 through 18 December 1969
* Deleting from his DD Form 214 for the period ending 18 December 1969 the Vietnam Service Medal
* Adding to his DD Form 214 for the period ending 18 December 1969 the:
* CIB
* AGCM (1st Award)
* Vietnam Service Medal with four bronze service stars
* 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) AR20140001350
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140001350
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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