IN THE CASE OF:    

		BOARD DATE:  9 April 2015	  

		DOCKET NUMBER:  AR20140014493 


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:

The applicant defers to counsel. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests, in effect, correction of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Army Good Conduct Medal (AGCM)
* Vietnam Service Medal (VSM) with two bronze service stars
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal Fist Class Unit Citation
* Combat Infantryman Badge (CIB)

2.  Counsel states, in effect, that submitted documentation should be sufficient to award the applicant the requested relief.

3.  Counsel provides:

* orders
* DD Form 214
* DA Form 20 (Enlisted Qualification Record) 
* DD Form 4 (Enlistment Record – Armed Forces of the United States)
* information pertaining to Operation Junction City
* letters from Department of The Army
* DD Form 1473 (Report Documentation Page)
* information pertaining to the 121st Signal Battalion

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 enlisted in the Regular Army on 11 February 1966.  After completing initial entry training, he was awarded military occupational specialty 36C (Lineman).

3.  His DA Form 20 contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the RVN from 27 July 1966 through 24 July 1967.

	b.  Item 38 (Record of Assignments) shows that during the period 1 August 1966 to 21 July 1967 he served with Company C, 121st Signal Battalion, 1st Infantry Division in the RVN.  He received all "excellent" conduct and efficiency ratings throughout his service. 

	c.  Item 41 (Awards and Decorations) shows the following:

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* Overseas Service Bars (2)
* Meritorious Unit Commendation (MUC)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  General Orders (GO) Number 1, issued by 78th Signal Battalion (CA), Fort Lewis, WA, dated 3 February 1969 awarded him the AGCM for the period         11 February 1966 to 10 February 1969. 
5.  On 10 February 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 issued at that time shows he was awarded or authorized the following:

* NDSM
* RVN Campaign Medal with Device (1960)
* VSM
* Overseas Service Bars (2)
* MUC
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the VSM.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in two campaigns:  the Vietnam Counteroffensive, Phase II, and the Vietnam Counteroffensive, Phase III.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

7.  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 Company C, 121st Signal Battalion, 1st Infantry was cited for the following awards:

* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Orders (DAGO) 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO 53, dated 1970

8.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the CIB, the evidence must show the applicant held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size and he must have served in active ground combat while assigned or attached to this infantry unit.
2.  The evidence shows he completed training and was awarded MOS 36C.  There is no evidence he was awarded an infantry MOS.  Therefore, he is not entitled to award of the CIB.

3.  Orders awarded him the AGCM (1st Award).  He is entitled to correction of his DD Form 214 to show this award.

4.  Records show he was awarded the VSM and he participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his already-awarded VSM.

5. He served in a unit in Vietnam during a period for which the unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  He is entitled to correction of his DD Form 214 to show these unit awards.

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:

     a.  deleting from his DD Form 214 the Vietnam Service Medal; and

     b.  adding to his DD Form 214 the:

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



      ___________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)                                         AR20140014493



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ABCMR Record of Proceedings (cont)                                         AR20140014493



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