IN THE CASE OF:  

		BOARD DATE:  22 January 2015

		DOCKET NUMBER:  AR20140009863 


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 reconsideration of his earlier requests for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Infantryman Badge (CIB).

2.  The applicant states he has found a copy of the CIB orders.

3.  The applicant provides copies of his Request for Assistance from Member of Congress, the CIB orders, and correspondence pertaining to his previous requests, including Army Board for Correction of Military Records (ABCMR) Record of Proceedings (ROP) AR20120007785, dated 20 November 2012.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120007785 on 20 November 2012.

2.  The applicant provides the special orders showing he was awarded the CIB on 3 July 1968 which were not previously considered.  Therefore, this is new evidence and as such warrants consideration by the Board.





3.  The previous Record of Proceedings noted:

	a.  The applicant was inducted on 7 September 1967.  He held military occupational specialties (MOS) 11B (Light Weapons Infantryman) and 11C (Infantry Indirect Crewman).

	b.  He served in MOS 11C assigned to the 1st Battalion, 35th Infantry, 4th Infantry Division in Vietnam from 20 February 1968 to 4 February 1969.   Additionally, all his conduct and efficiency ratings were "excellent."

	c. He was honorably released from active duty on 5 September 1969 as a sergeant (SGT)/E-5. 

	d.  There was no evidence of record showing he served in active ground combat.  Therefore, there was insufficient evidence on which to base award of the CIB.

4.  His DD Form 214 shows in Item 24 shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Marksmanship Qualification Badge with Pistol Bar, 1st Class Gunner Marksmanship Qualification Badge with Mortar Bar, and the Army Commendation Medal.

5.  The applicant provides a copy of Headquarters, 4th Infantry Division Special Orders Number 185, dated 3 July 1986, showing he was awarded the CIB.

6.  A review of the applicant's record shows he is authorized additional awards not listed on his DD Form 214.

7.  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.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following three campaigns: 
* Counteroffensive Phase IV               2 April - 30 June 1968
* Counteroffensive Phase V                1 July - 1 November 1968
* Counteroffensive Phase VI               2 November 1968 - 22 February 1969

9.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 1st Battalion, 35th Infantry was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967-28 July 1969 in Department of the Army General Orders (DAGO) Number 3, dated 1970, as amended by DAGO Number 38, dated 1970; and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967-31 October 1969 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded him the CIB. 

2.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his promotion to SGT, receipt of personnel decorations, and "excellent" conduct and efficiency ratings.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

3.  He participated in three campaign periods during his service in Vietnam.  Therefore, he is authorized three bronze service stars for wear on his 
already-awarded Vietnam Service Medal. 

4.  During his service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  His DD Form 214 should be corrected to show these awards.






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 amendment of the ABCMR’s decision in Docket Number AR20120007785, dated 20 November 2012.  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 with two bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
7 September 1967 to 5 September 1969; and

	c.  adding to his DD Form 214 the following awards:

* Army Good Conduct Medal (1st Award)
* CIB
* Vietnam Service Medal with three bronze service stars
* 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)                                         AR20120008340



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ABCMR Record of Proceedings (cont)                                         AR20140009863



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