RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  10 February 2004
	DOCKET NUMBER:  AR2003090662

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Linda M. Barker		Member	
	Mr. Richard T. Dunbar		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests award of the Combat Infantryman Badge (CIB) for combat time in Vietnam.

2.  The applicant states that he served with the 173rd Airborne Brigade in Vietnam from May 1968 until he was medically evacuated due to malaria.  He saw several combat battles and served as a "tunnel rat" and radio telephone operator.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 11 September 1970, the date of his separation.  The application submitted in this case is dated 27 April 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he entered active duty (AD) on 12 September 1967, as a light weapons infantryman (11B).  He served in Vietnam from 9 April 1968 to 21 November 1969.  He was released from AD on 11 September 1970 and was transferred to the Army Reserve.

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Aircraft Crewman's Badge, and the Air Medal.  His discharge document does not show the CIB as an authorized award.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served as a rifleman (11B) with Company C, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade in Vietnam. There are no orders in the applicant’s personnel records which show that he was awarded the CIB.  

6.  Item 38 (Record of Assignments) of his DA Form 20 shows the entry "EXC" (Excellent) and "Sat" (Satisfactory) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.

7.  The applicant was awarded the basic award of the Air Medal for meritorious achievement while participating in aerial flight from 8 April to 12 April 1969.  On 16 December 1969 he was awarded the first through the third oak leaf cluster from 28 April to 8 June 1969.  These are his last awards of the Air Medal by General Orders Number 6555.

8.  Item 41 (Awards and Decorations) of his DA Form 20 shows that he was awarded the Parachutist Badge, the Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Sharpshooter Qualification Badge with Rifle Bar.  His discharge document does not show these badges as authorized awards.

9.  Army Regulation 600-8-22 provides, in pertinent part, that 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.  The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

11.  Army Regulation 600-8-22 shows that while the applicant was assigned to Vietnam he participated in six campaigns.  The regulation also provides that a bronze service star is authorized for the Vietnam Service Medal for each campaign participated in.  A silver service star is authorized in lieu of five bronze service stars. 

12.  Department of the Army Pamphlet 672-3 shows that the applicant's unit while he was assigned was awarded the Republic of Vietnam Gallantry with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served as a light weapons infantryman (11B) with Company C, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade while serving in Vietnam. Therefore, he is entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 12 September 1967 to 11 September 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant was awarded the basic Air Medal and the first through the third oak leaf cluster.  Under the numeral system, with the first oak leaf cluster equaling numeral "2", the applicant's records should be corrected to show the numeral "4" associated with the Air Medal.  

4.  The applicant was awarded the Parachutist Badge, the Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Sharpshooter Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his records to show these awards.  

5.  The applicant participated in six campaigns and is entitled to one silver and one bronze service star associated with the Vietnam Service Medal.

6.  The applicant's unit was awarded 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 records to show these awards.

BOARD VOTE:

___js___  ___lb___  ___rd____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the CIB, the first award of the Good Conduct Medal for the period 12 September 1967 to 11 September 1970, the Air Medal with numeral "4", the Parachutist Badge, the Marksmanship Qualification Badge with Machine Gun Bar (M-60), the Sharpshooter Qualification Badge with Rifle Bar, the Vietnam Service Medal with one silver and one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

		___John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090662	
SUFFIX		
RECON		
DATE BOARDED	20040210	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700911	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	157	
2.	46	
3.		
4.		
5.		
6.