IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140021202 


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 Silver Star and the Combat Infantryman Badge or Combat Action Badge.

2.  The applicant states his DD Form 214 does not reflect award of the Silver Star, Combat Infantryman Badge or Combat Action Badge.

3.  The applicant provides a copy of his DD Form 214. 

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 15 May 1968.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was stationed in the Republic of Vietnam from 24 October 1968 to 22 October 1969, serving with Company A, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division (Airmobile).

3.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as an expert marksman on the M14 and M16 rifles as well as the M60 machine gun in July and August 1968.  There is no evidence in the applicant's record which shows he qualified as anything other than an expert marksman on these weapons.

4.  Item 38 (Record of Assignments) of his DA Form 20 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.  The applicant's record contains:

   a.  General Orders Number 6458, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 24 May 1969, which awarded him the Silver Star for gallantry in action involving conflict with an armed hostile force in the Republic of Vietnam on 2 March 1969.

   b.  General Orders Number 9975, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 19 August 1969, which awarded him the Army Commendation Medal with "V" Device for heroism against a hostile force in the Republic of Vietnam on 11 June 1969.
   
   c.  General Orders Number 11767, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 25 September 1969, which awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period October 1968 to October 1969.

6.  On 14 May 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he was awarded the:

* Army Commendation Medal (1st oak leaf cluster)
* Expert Marksmanship Qualification Badge with Rifle Bar
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Air Medal
* Bronze Star Medal with "V" Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  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. 

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 Company A, 2nd Battalion, 5th Cavalry Regiment his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period May 69 through February 1970 by Department of the Army General Order (DAGO) Number 59, dated 1969.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal 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 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

10.  Army Regulation 600-8-22 states the Combat Infantryman Badge 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.

12.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Only one Combat Action Badge may be awarded during a qualifying period.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request has been carefully considered and found to have partial merit.
 
2.  Item 29 of his DA Form 20 shows he qualified as an expert marksman on the M14 and M16 rifles as well as the M60 machine gun in July and August 1968.  There is no evidence in the applicant's record which shows he qualified as anything other than an expert marksman on these weapons.  Therefore, his record should be corrected to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar as well as the Expert Marksmanship Qualification Badge with Machinegun Bar.

3.  The evidence of record confirms he served honorably during the period 15 May 1968 through 14 May 1970.  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 recommended for or awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 15 May 1968 through 14 May 1970 and to correct his DD Form 214 to show this medal.

4.  General orders awarded him the Silver Star.  Therefore, he is entitled to correction of his record to show this award.

5.  General orders awarded him the Army Commendation Medal and the Army Commendation Medal with "V" Device.  His DD Form 214 lists the Army Commendation Medal (1st oak leaf cluster).  Therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal with "V" Device (1st oak leaf cluster).

6.  Department of the Army Pamphlet 672-3 shows his unit was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these citations.

7.  The record shows the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

8.  Based on the applicant's infantry MOS and assignment to an infantry unit, receipt of the Silver Star for gallantry and Bronze Star for valor, it would be appropriate to award him the Combat Infantryman Badge and add the badge to his DD Form 214.

9.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Therefore, the applicant is not eligible for award of the Combat Action Badge.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
15 May 1968 through 14 May 1970;

   b.  deleting from his DD Form 214  the Vietnam Service Medal, Army Commendation Medal (1st oak leaf cluster), Expert Badge (Rifle), and Sharpshooter Badge (Rifle); and

   c.  adding to his DD Form 214 – 
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar 
* Expert Marksmanship Qualification Badge with Machinegun Bar
* Silver Star
* Army Commendation Medal (1st oak leaf cluster) and with "V" Device
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with four bronze service stars

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 the Combat Action Badge



      _______ _  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)                                         AR20140021202





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ABCMR Record of Proceedings (cont)                                         AR20140021202



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