IN THE CASE OF:	  

		BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110002258 


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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states:

* he served in Vietnam from September 1970 to December 1970
* he served in military occupational specialty (MOS) 11B (light weapons infantryman) and he was wounded in combat on 19 December 1970
* he was awarded the Purple Heart and Vietnam Service Medal
* he was medically discharged for wounds received in combat

3.  The applicant provides:

* retirement orders
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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.  He was inducted into the Army of the United States on 1 June 1970.  He was awarded MOS 11B.  He arrived in Vietnam or about 1 October 1970.  He served in MOS 11B assigned to Company C, 2nd Battalion, 12th Infantry, 25th Infantry Division, in Vietnam from 1 October 1970 until he was wounded in action on 19 December 1970 and transferred to the United States on 18 January 1971 for further medical treatment.  On 24 February 1972, he was retired by reason of permanent disability in the rank of sergeant after completing 1 year, 8 months, and 24 days of creditable active service with no lost time.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Purple Heart as authorized awards.

4.  There are no orders for the CIB in the available records.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the CIB.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

7.  Records show he participated in one campaign during his assignment in Vietnam.

8.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards) states 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states 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.

10.  Army Regulation 672-5-1 (Awards), 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.

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to an infantry company in Vietnam.  In addition, he was wounded in action.  Therefore, there is sufficient evidence on which to base award of the CIB in this case.

2.  He was retired in the rank of sergeant with over 20 months of creditable active service with no lost time.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 1 June 1970 through 24 February 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in one campaign during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one bronze service star.  His DD Form 214 should be corrected to show this award.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  His DD Form 214 should be corrected to show this unit award.



BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 (1st Award) for the period 1 June 1970 through 24 February 1972; 

	b.  awarding him the CIB; and

	c.  adding the Army Good Conduct Medal (1st Award), CIB, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.



      __________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)                                         AR20110002258



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ABCMR Record of Proceedings (cont)                                         AR20110002258



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