IN THE CASE OF:  	  

		BOARD DATE:  24 March 2015	  

		DOCKET NUMBER:  AR20140012490 


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 he was awarded the Combat Infantryman Badge.

2.  The applicant states, in effect, he was awarded the Combat Infantryman Badge but it was not added to his DD Form 214.

3.  The applicant provides:

* Special Orders (SO) Number 355, issued by Headquarters, 9th Infantry Division on 21 December 1967
* DD Form 214 for the period ending on 30 December 1967
* DD Form 214 for the period ending on 22 December 1970

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 full active duty military records were not available for review in this case.  However, his available records included and the applicant provided sufficient documents from his active duty records to conduct a fair and impartial review of this case.

3.  He was inducted into the Army of the United States on 15 November 1966.  His DD Form 214 for this period of service shows he held military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

4.  SO Number 355, issued by Headquarters, 9th Infantry Division on                21 December 1967, awarded him the Combat Infantryman Badge.  These orders show he was assigned to Company E, 4th Battalion, 47th Infantry Regiment.

5.  His DD Form 214 shows he was honorably discharged for immediate reenlistment on 30 December 1967 after completing 1 year, 1 month, and         17 days of net active service, of which 7 months and 16 days were credited as foreign service in the U.S. Army Pacific Command (USARPAC).  His unit of assignment at the time of his discharge was listed as Company E, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division, Vietnam.  His DD Form 214 further shows he was authorized or awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)

6.  He enlisted in the Regular Army on 31 December 1967.  His DD Form 214 for this period shows he held MOS 67N (Crew Chief); however, it is unclear whether or not he served in this MOS during his service in Vietnam.  He was honorably released from active duty on 22 December 1970 after completing 2 years,         11 months, and 22 days of net active service, of which 2 years, 3 months, and    4 days were credited as foreign service.  His last duty assignment was with the 903rd Heavy Maintenance Company, U.S. Army Europe (USAEUR).  His         DD Form 214 also shows he served in Vietnam from 15 May 1967 to                 16 December 1968 and that he had been awarded or authorized the:


* Air Medal
* National Defense Service Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* 3 overseas service bars

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following six campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) 
* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969)

8.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

9.  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 that during his service in Vietnam with the 4th Battalion, 47th Infantry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968, by Department of the Army General Orders (DAGO) Number DAGO Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO Number 59, dated 1969

10.  A review of his service records shows he had "excellent" conduct and efficiency ratings and no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 15 November 1966 through 14 November 1969.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.  SO awarded him the Combat Infantryman Badge.  Therefore, he is entitled to correction of his DD Form 214 for the period ending on 22 December 1970 to add this award.

2.  The evidence of record shows he participated in six campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 for the period ending on 22 December 1970 to show one silver and one bronze service star affixed to his previously-awarded Vietnam Service Medal.

3.  The evidence of record shows he served in Vietnam for a period of time qualifying for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore he is entitled to correction of his DD Form 214 for the period ending on 22 December 1970 to add this award.

4.  During his service in Vietnam with the 4th Battalion, 47th Infantry Regiment, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 for the period ending on 22 December 1970 to add these unit awards.

5.  He served honorably during the period 15 November 1966 through 
14 November 1969.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and 
the received "excellent" conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award), for the period 15 November 1966 through 
14 November 1969, and correction of his DD Form 214 for the period ending on 22 December 1970 to show this award.
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 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 
15 November 1966 through 14 November 1969;

	b.  amending his DD Form 214, for the period ending on 22 December 1970, by deleting the Vietnam Service Medal and adding the:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver and one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* 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)                                         AR20140012490





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ABCMR Record of Proceedings (cont)                                         AR20140012490



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