IN THE CASE OF:	  

		BOARD DATE:	  22 October 2014

		DOCKET NUMBER:  AR20140002813 


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 "bronze star" (correctly known as bronze service star) for participation in the Vietnam Counteroffensive Phase II (1 July 1966 to 31 March 1967) and Tet Counteroffensive (30 January to 1 April 1968) and the Combat Infantryman Badge.

2.  He states his personnel records show that he was involved in the above referenced counteroffensives.  During both campaigns, they exchanged live fire with the enemy.  During the early days of the Tet Counteroffensive campaign, Camp Radcliff was attacked in February 1968 with at least 40 rounds of 60 millimeter and 82 millimeter mortar fire which led to Soldiers being killed in action (KIA) and casualties. They fought back and he was injured.  

3.  He provides his DD Form 214.

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 (AUS) on 12 May 1966.  He completed training and he was awarded military occupational specialty (MOS) 76P (Stock Control Account Specialist).  His highest grade held was specialist five (SP5)/E-5.

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

* Item 22 (MOSs) he was awarded primary MOS 76P on 10 December 1967
* item 31 (Foreign Service) he served in Vietnam from 29 January 1967 to 12 February 1968
* item 38 (Record of Assignments) he performed duties as a Card Punch Operator in duty MOS 74B (Card Punch Operator) and a Stock Control Account Specialist in duty MOS 76P in Vietnam
* item 38 he was assigned to Headquarters and Maintenance Support Company, 27th Maintenance Battalion, 1st Air Cavalry Division in Vietnam
* item 38, he received all "excellent" conduct and efficiency ratings 
* item 41 (Awards and Decorations) no entry for a bronze service star or award of the Combat Infantryman Badge 

4.  His service record does not contain orders showing he was awarded the Combat Infantryman Badge.

5.  His service record contains one Article 15 under the Uniform Code of Military Justice for wrongfully sitting down on his post.  There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for and awarded the first award of the Army Good Conduct Medal.

6.  He was honorably released from active duty on 13 February 1968 in the rank of SP5/E-5.  He completed 1 year, 9 months, and 2 days of total active service with no days of time lost.  

7.  His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Marksman Marksmanship Qualification Badge, and two overseas service bars.
8.  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 unit to which the applicant was assigned was 
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971 by Department of the Army General Order Number 6, dated 1974.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and Tet Counteroffensive campaigns.  

10.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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.

11.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his already-awarded Vietnam Service Medal.

2.  The evidence of record shows the applicant was awarded MOS 76P and he performed duties as a Card Punch Operator (MOS 74B) and a Stock Control Account Specialist (MOS 76P) while assigned to Headquarters and Maintenance Support Company, 27th Maintenance Battalion, 1st Air Cavalry Division in Vietnam.  

3.  Based on Army Regulation 600-8-22, award of the Combat Infantryman Badge requires service in an infantry MOS in an infantry unit engaged in active ground combat with the enemy.

4.  The evidence of record does not show the applicant held an infantry MOS, was engaged in active ground combat with the enemy while assigned to an infantry unit during his assignment in Vietnam.  Therefore, there is insufficient evidence to show he met all of the requirements for award of the Combat Infantryman Badge.

5.  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.

6.  His service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 12 May 1966 through 13 February 1968.  He was promoted to SP5/E-5 and he received all "excellent" conduct and efficiency ratings during his tenure on active service.  Although he received one Article 15 for a minor offense, this is not a disqualifying factor for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 12 May 1966 through 13 February 1968 and his DD Form 214 should be corrected to show this award.

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 the Vietnam Service Medal from his DD Form 214;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 12 May 1966 through 13 February 1968; and 
   c.  amending his DD Form 214 by adding award of the Vietnam Service Medal with three bronze service stars, Republic of Gallantry Cross with Palm Unit Citation, and Army Good Conduct Medal (1st Award).  
   
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)                                         AR20140002813





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ABCMR Record of Proceedings (cont)                                         AR20140002813



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