IN THE CASE OF:	  

		BOARD DATE:	       17 September 2008

		DOCKET NUMBER:  AR20080005374 


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 that award of the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was awarded the CIB in July 1968, but it never appeared on his DD Form 214.

3.  The applicant provides a supplemental letter, dated 28 March 2008; one page of his DA Form 20 (Enlisted Qualification Record); and three letters of support.

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 16 October 1967.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  He was assigned to Vietnam on 30 March 1968 with Company A, 2nd Battalion, 28th Infantry and assigned duties in MOS 11B.

4.  Headquarters, 24th Evacuation Hospital, General Orders Number 103, dated 14 May 1968, awarded the applicant the Purple Heart for wounds received in action on 11 May 1968.

5.  The applicant departed Vietnam on 8 June 1968 and was credited with participation in the Tet Counteroffensive Campaign and the Vietnam Counteroffensive Phase IV Campaign.

6.  He was promoted to specialist four on 17 December 1968.  

7.  The applicant was released from active duty on 15 September 1969.  He completed 1 year and 11 months of active military service with no days of lost time.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.

8.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), the Purple Heart, the First Class Gunner with Machinegun Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 2nd Battalion, 28th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21, dated 1969.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 28th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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 U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded MOS 11B and performed duties in MOS 11B while assigned to an infantry unit in Vietnam.  General orders show he was awarded the Purple Heart for wounds he received in action on 11 May 1968 in Vietnam.  This is accepted as sufficient evidence to show he served in active ground combat, as an infantryman, while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Therefore, he has met the requirements for award of the CIB.  

2.  It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 16 October 1967 through 15 September 1969.

3.  The applicant was assigned to a unit during a period it 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, these awards should be added to his DD Form 214.

4.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal with one bronze service star.  However, he received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his Vietnam Service Medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  __xx____  __xx____  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.  awarding him the Army Good Conduct Medal for the period from
16 October 1967 through 15 September 1969; 

	b.  adding the CIB, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214; and

	c.  amending his DD Form 214 to show two bronze service stars for wear on his already-awarded Vietnam Service Medal.



      ________xxxx__________
               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)                                         AR20080005374



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ABCMR Record of Proceedings (cont)                                         AR20080005374



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