BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140010024 


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:

* his social security number (SSN) as XXX-9X-XXXX
* award of the Combat Infantryman Badge (CIB)

2.  The applicant states:

	a.  His SSN is XXX-9X-XXXX, not XXX-8X-XXXX.  This is his second request to correct his SSN.

	b.  He was awarded the CIB and it is not listed on his DD Form 214.  He served in combat while assigned to Company B, 1st Battalion, 7th Cavalry Regiment, in Vietnam from November 1970 to November 1971.

3.  The applicant provides no additional 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 contain a DD Form 215 (Correction to DD Form 214), dated 15 August 2013, which shows his DD Form 214 for the period ending 20 November 1971 was corrected to show his SSN as XXX-9X-XXXX.  Therefore, a copy of the DD Form 215 will be provided to the applicant and this portion of the applicant's request will not be discussed further in this Record of Proceedings.

3.  He was inducted into the Army of the United States on 4 June 1970.  He arrived in Vietnam on 22 November 1970.  He served as a light weapons infantryman assigned to Companies B and D, 1st Battalion, 7th Cavalry Regiment, in Vietnam from 3 December 1970 to 20 November 1971.  Records show he participated in two campaigns during his assignment in Vietnam.

4.  Headquarters, 1st Cavalry Division (Airmobile), Special Orders Number 75, dated 16 March 1971, show he was awarded the CIB.

5.  On 20 November 1971, he was released from active duty in the rank of sergeant after completing 1 year, 5 months, and 17 days of creditable active service with no lost time.

6.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Bronze Star Medal 

7.  There is no evidence indicating he was awarded the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  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.

8.  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 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.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.

10.  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 1st Battalion, 7th Cavalry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 21 February 1970 to 28 February 1971 by Department of the Army General Orders Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 17 September 1965 to June 1972 by Department of the Army General Orders Number 54, dated 1974

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.  In those instances, however, where a single unit received duplicate Republic of Vietnam Gallantry Cross with Palm Unit Citations during the same period, only one will be recorded in official military personnel and historical records.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the CIB.  Therefore, his DD Form 214 should be corrected to show this badge.

2.  He was honorably released from active duty in the rank of sergeant with 17 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 4 June 1970 through 20 November 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in two campaigns during his assignment in Vietnam which authorized him the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show these service stars.

4.  His unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during overlapping time periods.  However, regulatory guidance provides that only one award will be recorded in his military records.  Therefore, his DD Form 214 should be corrected to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

___X_____  __X______  ___X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 June 1970 through 20 November 1971,

	b.  deleting award of the Vietnam Service Medal from his DD Form 214, and

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

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


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20140010024



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140010024



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1