IN THE CASE OF:	  

		BOARD DATE:	       18 September 2008

		DOCKET NUMBER:  AR20080010556 


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 the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 September 1968.

2.  The applicant states that the CIB was not listed on his DD Form 214.  He is involved in veterans’ service groups, and he will not wear any award that is not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 for the period ending 20 September 1968; Silver Star orders and certificate; two Purple Heart award certificates; and a Vietnamese award certificate.

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.  After having had prior service in the U. S. Marine Corps, the applicant was inducted into the Army on 21 September 1966.  He was awarded primary military occupational specialty (MOS) 36K (Lineman’s Helper).

3.  The applicant arrived in Vietnam and was assigned to Company B, 53d Signal Battalion on or about 14 June 1967 where he performed duties in MOS 36C (Lineman) as a light truck driver.  He departed this unit on 9 October 1967.

4.  The applicant was reassigned to Company A, 1st Battalion, 35th Infantry, 3d Brigade, 4th Infantry Division, on 20 October 1967 where he performed duties in MOS 11B (Light Weapons Infantryman) as an infantryman.

5.  On 19 November 1967, the applicant was awarded primary MOS 11B.

6.  The applicant was awarded the Silver Star for gallantry in action on               27 November 1967, during which action he was wounded.

7.  The applicant was wounded in action again on 28 November 1967 and was medically evacuated from Vietnam on or about 10 December 1967 after being credited with participation in one campaign.

8.  On 20 September 1968, the applicant was honorably released from active duty, in the rank and grade of Sergeant, E-5, after completing 2 years of creditable active service with no lost time.  His DD Form 214 shows he was awarded the Silver Star, the National Defense Service Medal, the Purple Heart with oak leaf cluster, the Expert Marksmanship Qualification Badge with Rifle bar, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with device (1960).

9.  There are no orders in the applicant’s records awarding him the CIB.

10.  The applicant’s records contain no derogatory information.  His DA Form    20 (Enlisted Qualification Record) shows his conduct and efficiency were rated as “excellent” throughout his service.

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the CIB to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  


12.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam 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.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 53d Signal Battalion, it was cited for award of the Meritorious Unit Commendation for the period 1 July 1966 through 30 June 1967 by Department of the Army General Orders (DAGO) Number 1, dated 1969.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 1st Battalion, 35th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period      1 August 1967 through 28 July 1969 by DAGO Number 38, dated 1970.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 1st Battalion, 35th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 31 October 1968 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders awarding the applicant the CIB in his records.  He met all of the eligibility criteria for award of the CIB only a short time before he departed Vietnam (i.e., he was awarded MOS 11B on 19 November 1967 and it appears his last day of active ground combat was on 28 November 1967).  Nevertheless, the circumstances surrounding his departure (being wounded in action after also being wounded in action the previous day while performing gallantly in action against the enemy) exemplify the very reasons why he should be awarded the CIB and why it would be equitable to do so now.  

2.  The applicant was assigned to the 53d Signal Battalion during a period of time the unit was awarded the Meritorious Unit Commendation.  He was assigned to the 1st Battalion, 35th Infantry, during a period of time the 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.  These unit awards should be added to his DD Form 214.

3.  The applicant was credited with participation in one campaign.  Therefore, he is eligible to wear one bronze service star on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.

4.  The applicant was honorably released from active duty in the rank and grade of Sergeant, E-5, after completing 2 years of creditable active service with no lost tine.  His records contain no derogatory information, and his DA Form 20 shows his conduct and efficiency were rated as “excellent” through his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.

BOARD VOTE:

___xx___  __xx____  ___xx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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 Combat Infantryman Badge;

     b.  awarding him the Army Good Conduct Medal (1st Award) for the period   21 September 1966 through 20 September 1968; and

     c.  amending his DD Form 214 to add the Combat Infantryman Badge, the Army Good Conduct Medal, the Meritorious Unit Commendation, the Republic of 

Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and to show he is eligible to wear one bronze service star 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)                                         AR20080010556





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ABCMR Record of Proceedings (cont)                                         AR20080010556



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