IN THE CASE OF:	

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090013736 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the Combat Infantryman Badge (CIB), the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

2.  The applicant states that the requested awards are not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 12 February 1971; a copy of a letter, dated 20 July 2009, from the National Personnel Records Center; a copy of a certificate and General Orders Number 167, issued by Headquarters, 71st Evacuation Hospital, on 5 July 1969, showing award of the Purple Heart; a copy General Orders Number 18, issued by Headquarters, 6th Armored Cavalry Regiment (ACR), Fort Meade, MD, on 7 January 1971, showing award of the Good Conduct Medal; a copy of Special Orders Number 56, issued by Headquarters, 6th ACR, Fort Meade, MD, showing award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); and copies of several other reassignment, awards, military occupational specialty (MOS), promotion, and separation orders, as well as copies of various certificates and/or letters, dated on miscellaneous dates throughout his service in support of his request.




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 records show he was inducted into the Army of the United States and entered active duty on 8 February 1968.  He was discharged shortly thereafter for the purpose of immediate enlistment and executed a 3-year enlistment on 13 February 1968.  He completed basic combat and advanced individual training and was awarded MOS 11B (Light Weapons Infantryman).  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 12 February 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.

3.  The applicant's records further show that he served in the Republic of Vietnam from on or about 7 May 1969 through 13 August 1969.  He was assigned to Company D, 1st Battalion, 35th Infantry, 4th Infantry Division.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, the Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and the First Class Gunner Badge with Machinegun Bar (M-60).  Item 24 does not show award of the CIB, the Good Conduct Medal, or the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  The applicant's records do not contain orders that show he was awarded the CIB.



6.  The applicant was awarded the Purple Heart for fragment wounds to his left arm and right leg on 4 July 1969 while assigned to D Company, 1st Battalion, 35th Infantry, in the Republic of Vietnam.  

7.  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 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.  Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

8.  Headquarters, 6th ACR, Fort Meade, MD, General Orders Number 18, dated 7 January 1971, awarded the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity, from 8 February 1968 through 7 February 1971.

9.  Headquarters, 6th ACR, Fort Meade, MD, Special Orders Number 56, dated 9 March 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 3 February 1970.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 35th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 August 1967 to 28 July 1969 based on Department of the Army General Orders (DAGO) Number 38, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 1 August 1967 to 31 October 1969 based on DAGO Number 53, dated 1970.

11.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

12.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Appendix B of Army Regulation 600-8-22 shows the applicant participated in the TET 69 Counteroffensive (23 February 1969 – 8 June 1969) and the Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded to be worn on the Vietnam Service Medal for participation in each campaign.


DISCUSSION AND CONCLUSIONS:

1.  With respect to the CIB, the evidence of record shows the applicant held an infantry MOS and was assigned to an infantry unit in the Republic of Vietnam.  Additionally, he was awarded the Purple Heart for fragment wounds to his left arm and right leg while assigned to his infantry unit in the Republic of Vietnam.  Therefore, it is reasonable to believe the applicant was personally present and under hostile fire while serving in his assigned infantry unit, that he actively engaged in ground combat, and that he should be awarded the CIB and to have his records corrected to show this award.

2.  General orders awarded the applicant Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity, from 8 February 1968 through 7 February 1971 which is not shown on his DD Form 214; therefore, he is entitled to have his DD Form 214 corrected to show this award.

3.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his records; therefore, he is entitled to have his records corrected to show this badge.

4.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in two campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of two bronze service stars to be affixed to his Vietnam Service Medal.

BOARD VOTE:

___X____  ___X___  ___X____  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 the applicant the Combat Infantryman Badge effective 4 July 1969; and

	b.  adding the following awards to the applicant’s DD Form 214:  the Good Conduct Medal (1st Award), the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




      _______ _   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)                                         AR20090013736





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ABCMR Record of Proceedings (cont)                                         AR20090013736



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