IN THE CASE OF:  

		BOARD DATE:  18 June 2015	  

		DOCKET NUMBER:  AR20140018002 


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 previous request to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Combat Infantryman Badge.  Additionally, as a new issue, he requests correction of his DD Form 214 to show he was awarded the Army Commendation Medal.

2.  The applicant states the Combat Infantryman Badge and the Army Commendation Medal were presented to him in the course of his service but not annotated on his DD Form 214.  

3.  The applicant provides Special Orders (SO) 14, dated 14 January 1969, and General Orders (GO) Number 4375, dated 31 July 1969.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110021009 on 10 April 2012.

2.  The applicant provides new evidence that was not previously considered by the Board.  Therefore, it warrants consideration by the Board. 

3.  The applicant was inducted into the Army of the United States on                  11 December 1967, held military occupational specialty 11B (Light Weapons Infantryman), and attained the rank/grade of specialist four/E-4.

4.  SO Number 54, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC on 30 March 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  SO Number 55, issued by Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson, SC on 12 April 1968, awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar.

6.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 15 September 1968 to 5 September 1969, where he was assigned to Company D, 2nd Battalion, 35th Infantry Regiment, 4th Infantry Division from 1 October 1968 to 4 September 1969.

7.  SO Number 14, issued by Headquarters, 4th Infantry Division on 14 January 1969, awarded him the Combat Infantryman Badge.  

8.  GO Number 4375, issued by Headquarters, 4th Infantry Division on 31 July 1969, awarded him the Army Commendation Medal.

9.  He was honorably released from active duty on 8 September 1969.  His 
DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 overseas service bars

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, 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 11 December 1967 to 8 September 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.

12.  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.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)

13.  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 2nd Battalion, 35th Infantry Regiment was cited for award of the:  

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to 28 July 1969, DAGO Number 38, dated 1970 and amended by DAGO Number 3, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970, DAGO Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969, by DAGO Number 53, dated 1970

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, where a single unit received duplicate Vietnamese unit awards during the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  SO awarded him the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to add this badge.  

2.  GO awarded him the Army Commendation Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.

3.  He served honorably during the period 11 December 1967 to 8 September 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 he 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) and correction of his DD Form 214 to show this award.

4.  SO awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to add these badges.  

5.  The evidence of record shows he participated in four campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

6.  GO awarded his unit in Vietnam the two awards of 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 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 amendment of the ABCMR’s decision in Docket Number AR20110021009, dated 10 April 2012.  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  11 December 1967 to 8 September 1969; and

   b.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Army Commendation Medal 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Machinegun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      __________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)                                         AR20140018002





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ABCMR Record of Proceedings (cont)                                         AR20140018002



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