IN THE CASE OF:	   

		BOARD DATE:	  7 January 2015

		DOCKET NUMBER:  AR20140006701 


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 award of the Army Good Conduct Medal and the Combat Action Badge.  He also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* proper campaign stars with his Vietnam Service Medal
* 9th Infantry Division unit citations (Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Presidential Unit Citation)

2.  The applicant states:

* during his service in Vietnam, he participated in 4 campaigns
* all Soldiers of the 9th Infantry Division were awarded the requested unit awards
* the award of the Army Good Conduct Medal is supported by his character of service, all the evidence should be contained in his records
* the award of the Combat Action Badge can be supported by a review of his records

3.  The applicant does not provide any evidence. 




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 enlisted in the Regular Army on 30 August 1967.  At the time of his separation, he held military occupational specialty 71F (Postal Clerk). 

3.  Special Orders (SO) Number 250, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, on 17 October 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 

4.  He served in Vietnam from on or about 4 September 1968 to 18 July 1969.  He was assigned to 9th Administrative Company, 9th Infantry Division.

5.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 1 June 1970.  He completed 2 years, 9 months, and 2 days of active duty with no lost time.  His DD Form 214 shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service (except “unknown” ratings while attending advanced individual training).  However, his records do not contain orders awarding him the first award of the Army Good Conduct Medal.

7.  Army Regulation 672-5-1 (Decorations and 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

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

* Vietnam Counteroffensive Phase V, 1 July to 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 to 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with 9th Administrative Company, 9th Infantry Division in Vietnam, this unit was awarded the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from January to June 1969, by Department of the Army General Orders (DAGO) Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969, based on DAGO Number 59, dated 1969

10.  DA Pamphlet 672-3 shows the 9th Infantry Division was cited for various awards.  However, these awards were for Soldiers assigned or attached to the Headquarters and Headquarters Company of each Brigade, the Division Artillery, and the Division Band. 

11.  Army Regulation 600-8-22 states the Combat Action Badge provides special recognition to Soldiers who personally engaged, or are engaged by the enemy.  The requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined and will be announced in permanent orders.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably from 30 August 1967 through 1 June 1970.  He attained the rank/grade of SGT/E-5, served a qualifying period of service, and he received all "excellent" conduct and efficiency ratings throughout his service except for one period of “unknown” ratings which is not disqualifying.  Additionally, there is no record of any disciplinary actions or a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period30 August 1967 through 1 June 1970 and his DD Form 214 should be corrected to show this award.

2.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

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

4.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

5.  The applicant was assigned to the 9th Administrative Company of the 9th Infantry Division.  This unit was not awarded the Presidential Unit Citation or a second award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  He was not assigned or attached to the Headquarters and Headquarters Company of the 9th Infantry Division or any of its brigades.   Therefore, there is insufficient evidence to show the Presidential Unit Citation or a second award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on his DD Form 214. 

6.  With respect to the Combat Action Badge, the Combat Action Badge provides special recognition to Soldiers who personally engaged or are engaged by the enemy.  More importantly, retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  The applicant served on active duty from 30 August 1967 through 1 June 1970.  He does not meet the criteria for 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:

* deleting from his DD Form 214 the Vietnam Service Medal
* awarding him the Army Good Conduct Medal (1st Award) for the period 30 August 1967 through 1 June 1970
* Adding to his DD Form 214 the

* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with four bronze service stars 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


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 Action Badge, Presidential Unit Citation, or a second award of the Republic of Vietnam Civil Actions Honor Medal 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)                                         AR20140006701





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ABCMR Record of Proceedings (cont)                                         AR20140006701



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