BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140002047 


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:

* Army Commendation Medal (ARCOM)
* Combat Infantryman Badge (CIB)
* All other awards he is authorized

2.  The applicant states these awards were omitted from his DD Form 214.  He was assigned to G Troop, 2nd Squadron, 11th Armored Cavalry Regiment in the Republic of Vietnam (RVN).

3.  The applicant provides copies of:

* DD Form 214 (Copy 1)
* Citation for award of the ARCOM

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.  Evidence of record and background information:

	a.  On 13 May 1969, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11E (Armor Crewman).

	b.  Special Orders Number 96, Fort Jackson, SC, dated 30 June 1969, announced the applicant’s award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

   c.  Special Orders Number 169, Fort Ord, CA, dated 18 August 1969, announced the applicant’s award of the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.
   
	d.  Special Orders Number 172, Fort Ord, CA, dated 21 August 1969, announced the applicant’s award of the Second Class Gunner (Marksman) Marksmanship Qualification Badge with Machinegun Bar.

	e.  On 27 September 1969, the applicant departed the United States for duty in the Federal Republic of Germany (FRG) where he performed duty as a loader and gunner with the 35th Armor Regiment.

	f.  On 23 July 1970, the applicant departed the FRG for duty in the RVN where he was assigned to G Troop, 2nd Squadron, 11th Armored Cavalry Regiment.  He performed duties as a gunner and a tank driver.

	g.  General Orders Number 170, II Field Force Vietnam, dated 25 January, 1971, announced the applicant’s award of the ARCOM for meritorious service in the RVN from 1 September 1970 to 1 January 1971.

	h.  On 5 May 1971, the applicant departed the RVN and returned to the United States.  On 7 May 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 11 months, and 25 days of creditable active duty service.  The applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence showing that the commander took any action to deny him the Army Good Conduct Medal. 

4.  Army Regulation 600-8-22 (Military Awards):

	a.  The CIB is awarded to enlisted Soldiers who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

   b.  Appendix B shows, based on the applicant's dates of service in the RVN, he participated in the Vietnam Counteroffensive, Phase VII campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

5.  Department of the Army General Orders 8, dated in 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

6.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.



7.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of:

* ARCOM
* CIB
* All other awards he is authorized

2.  General orders show the applicant was awarded the ARCOM.  Therefore, this medal should be shown on his DD Form 214.

3.  The applicant’s records clearly show that the applicant distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, receiving a personal decoration for meritorious service, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  The evidence clearly shows that the applicant held an armor MOS and was assigned to the cavalry as a gunner and tank driver.  Because he did not hold an infantry MOS and was not assigned to a qualifying infantry unit while in the RVN, his request for award of the CIB should be denied.

5.  Records show that the applicant participated in one campaign period during his service in the RVN.  Therefore, he is authorized to wear a bronze service star on his already-awarded Vietnam Service Medal.

6.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

7.  Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this badge.

8.  Special orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar and with Automatic Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this badge.

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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal,

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
13 May 1969 – 7 May 1971, and

	c.  adding to his DD Form 214:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Machinegun Bar and with Automatic Rifle Bar



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 award of the Combat Infantryman Badge.




      _______ _   _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)                                         AR20140000079



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140002047



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1