IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016499 


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 (CIB).

2.  The applicant states he served with the 1st Infantry Division in the Republic of Vietnam and held military occupational specialty (MOS) 11B (Infantryman).  He was actively engaged with the enemy and he was awarded the Purple Heart with oak leaf cluster.  He believes he was not awarded the CIB due to administrative error. 

3.  The applicant provides:

* DD Form 214
* Page 4 of his DA Form 20 (Enlisted Qualification Record)

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 on 6 November 1967.  He completed training and he was awarded MOS 11B.  Evidence shows he served in the Republic of Vietnam from approximately 21 April 1968 to 13 June 1969.  He served with 2nd Battalion, 2nd Infantry Regiment for the periods 2 May to 29 November 1968 and 25 January to 10 June 1969 and with 2nd Battalion, 28th Infantry Regiment for the period 30 November 1968 to 24 January 1969.

3.  The applicant's record contains:

   a.  Special Orders Number 56 issued by Headquarters, U.S. Army School/Training Center and Fort McClellan, Fort McClellan, AL, dated 5 March 1968, which shows he was awarded the First Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M60); and 

   b.  Special Order Number 183 issued by Headquarters, 1st Infantry Division, dated 1 July 1968, which shows he was awarded the CIB.

4.  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.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 13 June 1969, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 1 year, 7 months, and 8 days of total active service during this period.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)
* Purple Heart with one oak leaf cluster
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M16)

6.  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.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Republic of 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 the Republic of Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  During the period in which the applicant was assigned to 2nd Battalion, 2nd Infantry Regiment, the unit was cited for award of the:

   a.  Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, for the period October 1965 to 7 April 1970, by Department of the Army General Order (DAGO) Number 53, dated 1970; and

   b.  Valorous Unit Award, for the period 23 through 25 May 1969, by DAGO Number 50, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the First Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M60) and the CIB.  Therefore, he is entitled to correction of his records to show these badges.

2.  The evidence of record confirms he served honorably during the period 6 November 1967 through 13 June 1969.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record 
does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 
6 November 1967 through 13 June 1969 and to correct his DD Form 214 to show this medal.

3.  Records show the applicant participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star.

4.  The applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and a Valorous Unit Award during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit 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 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 6 November 1967 through 13 June 1969;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214; and
   
   c.  adding to his DD Form 214 the following:

* Army Good Conduct Medal (1st Award)
* First Class Gunner Marksmanship Qualification Badge with Machine Gun Bar (M60)
* CIB
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* Valorous Unit Award




      _______ _   _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)                                         AR20140016499





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ABCMR Record of Proceedings (cont)                                         AR20140016499



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