IN THE CASE OF:	  

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140015797 


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 award of the Combat Infantryman Badge (CIB) and the Army Good Conduct Medal (AGCM).  

2.  The applicant states:

* he received these medals while assigned to the 34th Infantry Platoon (Scout Dog), 1st Air Cavalry Division
* he was in combat as a scout dog handler
* his company clerk gave him these medals and told him that orders were cut for them
* he served in combat and this sets him apart from the regular Soldier
* he was proud to serve his country, he served with honor, and he would like his record to reflect this
* he thinks he was on the same orders as a member of his platoon
* he has the Bronze Star Medal and Air Medal

3.  The applicant provides special orders awarding him the CIB.

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 was inducted into the Army of the United States 1 July 1969.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam (RVN) from 13 June 1970 to 5 May 1971.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 33 (Appointments and Reductions) he was promoted to sergeant (SGT)/E-5 on 1 February 1971
* item 38 (Record of Assignments) he performed duties as a Scout Observer in duty MOS 11B2D
* item 38 he was assigned to the 34th Infantry Platoon (Scout Dog), 1st Cavalry Division and Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division
* item 38 he received all "excellent" conduct and efficiency ratings 
* item 41 (Awards and Decorations) an entry for award of the CIB; no entry for award of the AGCM

4.  He provided Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number 235, dated 23 August 1970, which show he was awarded the CIB, effective 3 August 1970.

5.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for and awarded the first award of the AGCM.

6.  He was honorably released from active duty on 6 May 1971 in the rank of SGT/E-5.  He completed 1 year, 10 months, and 6 days of total active service with 9 days of excess leave.  

7.  His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), Bronze Star Medal, and Air Medal.  


8.  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 unit to which the applicant was assigned was cited for award of the:

   a.  Valorous Unit Award for the period 1 May to 29 June 1970 by Department of the Army General Order (DAGO) Number 43, dated 1972.
   
   b.  RVN Gallantry Cross with Palm Unit Citation for the period 17 September 1965 to June 1972 by DAGO Number 54, dated 1974.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Sanctuary Counteroffensive and Vietnam Counteroffensive Phase VII campaigns.

DISCUSSION AND CONCLUSIONS:

1.  Special orders show the applicant was awarded the CIB; therefore, his DD Form 214 should be amended to show this badge.

2.  The applicant's service record does not show he was disqualified from receiving the first award of the AGCM for the period 1 July 1969 through 6 May 1971.  He was promoted to SGT/E-5 and he received all "excellent" conduct and efficiency ratings during his tenure on active service.  Therefore, he should be awarded the AGCM (1st Award) for the period 1 July 1969 through 6 May 1971 and his DD Form 214 should be corrected to show this award.

3.  The evidence of record shows the applicant received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  The applicant's unit in Vietnam was cited for award of the Valorous Unit Award and the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, 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 a recommendation for relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:

   a.  deleting the Vietnam Service Medal;
   
   b.  awarding him the AGCM (1st Award) for the period 1 July 1969 through 6 May 1971; and 
   
   c.  adding award of the CIB, AGCM (1st Award), Vietnam Service Medal with two bronze service stars, Valorous Unit Award, and RVN Gallantry Cross with Palm 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)                                         AR20140015797



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ABCMR Record of Proceedings (cont)                                         AR20140015797



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