BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090008436 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Army Commendation Medal (ARCOM) and Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, he served with Bravo Company, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division while deployed to the Republic of Vietnam (RVN) and saw enemy action on 9 March 1969, 24 April 1969, 31 May 1969, and during other times.
  
3.  The applicant provides two witness statement, a newspaper article, and a copy of a book in support of this application.

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’s record shows he was inducted into the Army of the United States on 11 April 1968.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN with Bravo Company, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division from 11 September 1968 to 31 August 1969, performing duties in MOS 11B with principal duties as a automatic rifleman.

4.  General Orders Number 4250, Headquarters, 4th Infantry Division, dated 
26 July 1969, show that the applicant was awarded the ARCOM for meritorious service during the period September 1968 to September 1969.

5.  On 10 April 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He had completed 2 years of active military service.  The DD Form 214 he was issued shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and, Marksman Marksmanship Qualification Badge with Pistol Bar.  The DD Form 214 he was issued does not show award of the ARCOM or the CIB.

6. The applicant submitted an undated newspaper article which states that he was awarded the CIB.

7.  The applicant submitted a copy of a book titled "Time Heals No Wounds" in which he states he is mentioned several times.

8.  The applicant submitted two unnotarized witness statements stating that the applicant was in heavy contact numerous times while in the RVN.

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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who have completed 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

11.  Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict.  Based on the applicant's period of service in Vietnam, he participated in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive; 1969, and Vietnam Summer-Fall campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  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 pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army General Orders Number 8, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 
2 May 1970, by Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Although he submitted a newspaper article that said he was awarded the CIB, there is no official evidence of record nor has the applicant submitted any official evidence that shows he was awarded the CIB. The witness statements nor the book provide eyewitness accounts of the applicant's engagement in enemy action.  Therefore, in the absence of such evidence he is not entitled to award of the CIB.

3.  The available evidence confirms that the applicant served in the RA from
11 April 1968 to 10 April 1970 and there is no derogatory information in the available record that would have disqualified him for award of the Good Conduct Medal (1st award).  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st award) and correct his DD Form 214 to show this medal.

4.  Records show that the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

5.  General orders show the 1st Battalion, 4th Infantry Regiment, 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 while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his records to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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.  As a result, the Board recommends that all Department of the Army records of the individual be corrected by:

	a.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Army Good Conduct Medal (1st award) for exemplary service from 11 April 1968 to 10 April 1970,

	c.  adding to item 24 of the applicant's DD Form 214 the ARCOM, Army Good Conduct Medal (1st award), Vietnam Service Medal with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.




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 the CIB.



      __________x_____________
               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)                                         AR20090008436



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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