IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100019298 


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) for the period ending
18 September 1969 to show award of the Combat Infantryman Badge (CIB).

2.  He states:

* he served with Company B, 1st Battalion, 502nd Infantry Regiment, 101st Airborne Division
* he was awarded the CIB and he sustained wounds as a result of hostile action
* he doesn’t have a copy of the orders for the CIB

3.  He provides no additional documents in support of his 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 enlisted in the Kansas Army National Guard (KSARNG) on
7 February 1966.  On 14 November 1966, he was ordered to active duty for training.  He completed basic and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was released from active duty on 3 July 1966 and he reverted to the KSARNG.  He completed 4 months and 12 days of net service this period.

3.  He was ordered to active duty on 13 May 1968.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 33 (Appointment and Reductions) he was advanced to the rank/grade of specialist four (SP4)/E-4 on 3 May 1968;

   b.  Item 38 (Record of Assignments) he arrived in Vietnam on 12 June 1969 and he was assigned to Company B, 1st Battalion (Airmobile), 502nd Infantry Regiment as an automatic rifleman in duty MOS 11B.  It also shows he received "excellent" conduct and efficiency ratings throughout his service;

   c.  Item 40 (Wounds) he sustained a fragment wound to his right pelvis on 9 July 1969; and

   d.  Item 41 (Awards and Decorations) no award of the CIB.

5.  His service personnel records do not include orders for award of the CIB.

6.  Headquarters, 106th General Hospital, General Orders Number 69, dated 
15 July 1969, show he was awarded the Purple Heart for wounds received in action on 9 July 1969.

7.  He departed Vietnam on or about 23 July 1969.

8.  On 18 September 1969, he was honorably released from active duty and reverted to the KSARNG.  He completed 1 year, 4 months, and 6 days of net active service this period with no time lost.


9.  There is no record of any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 18 September 1969 shows the:

* Vietnam Service Medal
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

11.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

12.  Army Regulation 672-5-1 (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.  There must have been no convictions by a court-martial.

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in Vietnam Summer - Fall 1969 (9 June - 
31 October 1969) campaigns:

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which he was assigned was cited for award of 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 (DAGO) Number 48, dated 1971.

15.  Department of the Army Pamphlet 672-3, paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed training and he was awarded MOS 11B.  He was assigned to Company B, 1st Battalion (Airmobile), 502nd Infantry Regiment, as an automatic rifleman during his tour of duty in Vietnam.  In addition, he was awarded the Purple Heart.  Any reasonable doubt that he engaged in active ground combat and was awarded the CIB should be resolved in his favor.  Therefore, his DD Form 214 for the period ending 
18 September 1969 should be corrected to show this award.

2.  The evidence of record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 13 May 1968 through 18 September 1969.  He was advanced to SP4/E-4 and he received "excellent" conduct and efficiency ratings during this period of active Federal service.  There is also no record of any disciplinary actions or a commander's disqualification for this award.  Therefore, he should be awarded the Army Good Conduct Medal (first award) for the period 13 May 1968 through 18 September 1969 and his
DD Form 214 should be corrected to show this award.

3.  He was assigned to a unit in Vietnam that was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Headquarters, U.S. Army Vietnam and its subordinate units was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973.  The applicant was assigned to a qualifying unit during this period.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  His DD Form 214 for the period ending 18 September 1969 currently reflects the Vietnam Service Medal.  He participated during one campaign during the Vietnam War.  Therefore, he is entitled to one bronze service star for wear on his already-awarded 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.  deleting from item 24 of his DD Form 214 for the period ending
18 September 1969 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (first award) for the period 13 May 1968 through 18 September 1969; and

	c.  adding to item 24 of his DD Form 214 for the period ending 18 September 1969 the:

* Army Good Conduct Medal (first award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge



      ___________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)                                         AR20100019298



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ABCMR Record of Proceedings (cont)                                         AR20100019298



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