ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  20 May 2019

	DOCKET NUMBER:  AR20170006163


APPLICANT REQUESTS: to be awarded a:

* Combat Infantryman Badge
* Good Conduct Medal

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, he was given a Combat Infantryman Badge to wear while serving in an infantry unit in Vietnam, but it was never reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also believes he is entitled to a Good Conduct Medal, since he served honorably in a combat zone for a year as a radio transmission operator (RTO) and infantryman.  This award is for his family, children and grandchildren.

3.  A review of the applicant's service records shows:

	a.  He was inducted into the Regular Army on 27 March 1968.  He held the military occupational specialty (MOS) 11B40 (Light Weapons Infantryman).

	b.  He served in Vietnam as an 11B from 25 August 1968 to 10 July 1969, assigned to C Company, 3rd Battalion, 60th Infantry Regiment.

	c.  Special Orders Number 309, dated 4 November 1964, shows he was awarded the Combat Infantryman Badge.

	d.  The applicant’s record confirms he is eligible for an award that is not recorded on his DD Form 214.  This award will be added to his DD Form 214 as an administrative correction and will not be considered by the Board.  The Board will consider award of the Army Good Conduct Medal.

	e.  The applicants DA 20 (Enlisted Qualification Record), indicates he had conduct and efficiency ratings of excellent for each assignment, throughout his active service.

	f.  He was honorably released from active duty on 26 March 1970.  His DD Form 214 shows he completed 2 years of active duty service.  He was awarded or authorized:

* Purple Heart
* Bronze Star Medal
* Air Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Badge with Rifle Bar

4.  By regulation (AR 672-5-1), the Army Good Conduct Medal is authorized 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 and there must have been no convictions by a court-martial.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the documentary evidence found within the service record showing the applicant received all excellent ratings for duty and had no record of a Good Conduct Medal denial, the Board concluded that the applicant should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.

Additionally, based upon the administrative note below by the analyst of record, the Board recommended adding the Combat Infantryman Badge to his DD Form 214 also.


BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the following awards and decorations:
* Army Good Conduct Medal
* Combat Infantryman Badge
	 
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.


ADMINISTRATIVE NOTE(S):

A review of the applicant’s records shows he is authorized an award not listed on his DD Form 214.  As a result, amend his DD Form 214 to add the Combat Infantryman Badge.

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 672-5-1 (Decorations, Awards and Honors - Military 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 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.


ABCMR Record of Proceedings (cont)	 AR20170006163


3


1