IN THE CASE OF:  	  

		BOARD DATE:  9 July 2015	  

		DOCKET NUMBER:  AR20140020799 


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 award of the Combat Infantryman Badge and inclusion of the Bronze Star Medal with "V" Device on his DD Form 214.

2.  The applicant states he was not aware that he had been awarded the Bronze Star Medal with "V" Device until recently.  He served as an infantryman in Vietnam and believes he is entitled to the Combat Infantryman Badge.

3.  The applicant provides copies of his award of the Bronze Star Medal with "V" Device and 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 served on active duty from 4 January 1966 through 12 August 1968.

3.  The applicant's record contains orders for the Sharpshooter Marksmanship Qualification Badge with Machinegun, Pistol, and Rifle Bars.

4.  173rd Airborne Brigade General Orders Number 1281, dated 6 May 1968, awarded the applicant the Bronze Star Medal with "V" Device for his heroic actions on 27 September 1967 while on a ground search and destroy mission.

5.  On 21 November 1967, the applicant sustained a gunshot wound to his right leg while in action against the enemy.  He was medically evacuated and ultimately medically retired due to this wound.

6.  The applicant's DA Form 20 provides the following –

* advancement to sergeant (E-5) on 1 September 1967
* award of military occupational specialty 11E (Armor Crewman) on 21 May 1966 and 11B (Light Weapons Infantryman) on 1 September 1967 
* service in Vietnam from 9 June to 16 July 1967 with E Troop, 17th Cavalry Regiment
* service in Vietnam from 17 July 1967 through 21 November 1967 with Company A, 4th Battalion, 503rd Infantry
* conduct and efficiency ratings of "excellent" except for one period of unknown ratings
* award of the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Purple Heart, and Marksmanship Qualification Badge with Machinegun, Pistol, and Rifle Bars 

7.  The applicant's DD Form 214 (Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, and Purple Heart.

8.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the Company A, 4th Battalion, 503rd Infantry, it was cited for award of the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
10.  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 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Republic of Vietnam Campaign Medal with Device (1960)  was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture, were prevented from serving the required 6 months.

   b.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated in the Counteroffensive Phase III Campaign (1 June 1967 - 29 January 1968).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's awards of the Bronze Star Medal with "V" Device and the Sharpshooter Marksmanship Qualification Badge with Machinegun, Pistol, and Rifle Bars were omitted from his DD Form 214.  It would be appropriate to correct this oversight.

2.  The evidence shows the applicant was serving in MOS 11B in an infantry unit when it engaged the enemy in combat.  He is shown to qualify for award of the Combat Infantryman Badge.  It would be appropriate to award the applicant the Combat Infantryman Badge and include it on his DD Form 214.

3.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal (1st Award) for his period of service from 4 January 1966 through 12 August 1968 and include it on his DD Form 214.

4.  The applicant served in Vietnam during one campaign period and is authorized to wear a bronze service star on his Vietnam Service Medal.  It would be appropriate to correct the DD Form 214 to show this appurtenance.

5.  In order to be eligible for award of the Republic of Vietnam Campaign Medal with Device (1960), a service member had to serve in Vietnam for a period of at least 6 months unless that service ended as a result of a being wounded or captured.  The applicant served in Vietnam for 4 months before being wounded and medically evacuated.  Therefore, he meets the eligibility requirements for this award.  It would be appropriate to add this award to his DD Form 214. 

6.  In addition to the awards listed on his DD Form 214 the applicant is also authorized award of the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It would be appropriate to include these awards on his DD Form 214.

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

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 January 1966 to 12 August 1966 and the Combat Infantryman Badge effective 27 September 1967; and

   c.  adding to his DD Form 214, the – 
   
* Bronze Star Medal with "V" Device 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machinegun, Pistol, and Rifle Bars



      _______ _   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)                                         AR20140020799



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ABCMR Record of Proceedings (cont)                                         AR20140020799



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