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ARMY | BCMR | CY2014 | 20140013886
Original file (20140013886.txt) Auto-classification: Approved

		IN THE CASE OF:	   

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140013886 


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 request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states he received the award but it does not appear as an accomplishment in his formal records.

3.  The applicant provides orders for the CIB.

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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130021248 on 15 July 2014.

2.  The applicant provided Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 250, dated 7 September 1970, awarding him the CIB.  These orders are new evidence that will be considered by the Board at this time.

3.  The applicant was inducted into the Army of the United States on 18 June 1969 and he was awarded military occupational specialty 11B (light weapons infantryman).


4.  He was assigned to the following units in Vietnam:

* Company A, 1st Battalion, 506th Infantry from 7 June 1970 to 4 November 1970
* Headquarters and Headquarters Company, 1st Battalion, 506th Infantry from 5 November 1970 to 16 March 1971

5.  Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 250, dated 7 September 1970, awarded him the CIB effective 7 September 1970.

6.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 14786, dated 18 December 1970, awarded him the Army Commendation Medal (ARCOM) for meritorious achievement in Vietnam for the period 1 June 1970 to 31 October 1970.

7.  Records show he participated in two campaigns during his assignment in Vietnam.

8.  On 20 March 1971, he was honorably released from active duty in the rank of sergeant after completing 1 year, 9 months, and 3 days of creditable active service with no lost time.

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

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal (VSM)
* one overseas service bar

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

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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, 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.

12.  Army Regulation 600-8-22 (Military Awards) 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.

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the VSM.

14.  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, 506th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 March through 9 October 1971 by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the CIB and ARCOM.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  Based on his service in Vietnam, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this medal.

3.  He was honorably released from active duty in the rank of sergeant with 21 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 AGCM for the period 18 June 1969 through 20 March 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 AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in two campaigns during his assignment in Vietnam which authorizes him award of the VSM with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment to that unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 amendment of the ABCMR's decision in Docket Number AR20130021248, dated 15 July 2014.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the AGCM (1st Award) for the period 18 June 1969 through 20 March 1971 and

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

* ARCOM
* AGCM (1st Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* CIB
* two bronze service stars with his already-awarded VSM



      ____________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)                                         AR20140013886



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ABCMR Record of Proceedings (cont)                                         AR20140013886



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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