RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 SEPTEMBER 2005 DOCKET NUMBER: AR20050001591 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. Deborah L. Brantley Senior Analyst The following members, a quorum, were present: Mr. William Powers Chairperson Mr. John Meixell Member Mr. Larry Olson Member 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 his records be corrected to show award of the Bronze Star Medal, the Overseas Service Ribbon, a Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with 60 Device. 2. The applicant states he recently entered a treatment program for posttraumatic stress disorder and noticed the missing awards. He states the awards will help his application for benefits and his treatment. 3. He states he was told he was recommended for a Bronze Star Medal prior to leaving active duty but never heard if it was approved. He also states he should have been awarded the Combat Infantryman Badge because he held an infantry specialty while in Vietnam. 4. The applicant provides no evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 7 March 1968. The application submitted in this case is dated 14 January 2005. 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 limitations 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 requested correction of his records to show award of the Bronze Star Medal. There are no orders or other evidence authorizing award of these decorations. In the absence of a proper award authority for these decorations, the applicant may request those awards under the provisions of Section 1130 of Title 10, United States Code. The applicant has been notified by separate correspondence of the procedures for applying for these decorations under Section 1130 and, as a result, they will not be discussed further in the Record of Proceedings. 4. Records available to the Board indicate the applicant entered active duty on 8 March 1966. He was trained in specialty 11C (indirect fire crewman). 5. In August 1966 he was assigned to Vietnam as an ammo bearer (11C) with the 1st Battalion, 8th Cavalry. He was awarded the Purple Heart for wounds sustained on 28 December 1966 and was subsequently evacuated from Vietnam. 6. He completed his service contract at Fort Knox, Kentucky and on 7 March 1968 was released from active duty in pay grade E-5. His service was characterized as honorable. 7. Army Regulation 600-8-22 (Military Awards) 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 military occupational specialty (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 U.S. Army Human Resources Command (formerly known as 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. 8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. 9. Army Regulation 600-8-22 (Military Awards) shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. 10. A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit was credited with participating in one designated campaign (Vietnam Counteroffensive Phase II) during the applicant’s period of assignment. One bronze service star on the Vietnam Service Medal, which is recorded on his separation document, should reflect his campaign participation. The unit was also awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm during his tenure with the organization. The unit award was also omitted from his separation document. 11. Army Regulation 672-5-1, in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. 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. With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army. Today, Army Regulation 600-8-22, which replaced Army Regulation 672-5-1, notes that there is no automatic entitlement to the Army Good Conduct Medal and disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond. 12. The applicant’s conduct and efficiency ratings throughout his military service were excellent, and he had no record of any disciplinary actions or incidents of misconduct. DISCUSSION AND CONCLUSIONS: 1. The evidence shows the applicant held an infantry specialty and was assigned to an infantry unit in Vietnam. His award of the Purple Heart is evidence of his participation in ground combat. As such, in the interest of justice and equity, it would be appropriate to award the applicant the Combat Infantryman Badge. 2. The evidence also confirms the applicant met requirements for award of the Vietnam Campaign Medal and that he is entitled to one bronze service star on his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. His records should be corrected accordingly. 3. The applicant was not on active duty on or after 1 August 1981 and as such, does not meet the eligibility requirement for award of the Overseas Service Medal. Even with service after 1 August 1981 the applicant would not be eligible for the award because his overseas service was already recognized by the Vietnam Service Medal. 4. The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 7 March 1968. There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award. In view of the foregoing, the Board concludes that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 8 March 1966 through 7 March 1968. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __WP___ __JM ___ ___LO __ 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 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: a. by awarding him the Combat Infantryman Badge; b. by showing that he is entitled to the Vietnam Campaign Medal, one bronze service star on his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm; and c. by awarding him the Army Good Conduct Medal. 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 award of the Overseas Service Medal. _____ William Powers________ CHAIRPERSON INDEX CASE ID AR20050001591 SUFFIX RECON YYYYMMDD DATE BOARDED 20050908 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION PARTIAL GRANT REVIEW AUTHORITY ISSUES 1. 107.00 2. 3. 4. 5. 6.