BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110006338 


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 the infantry in Vietnam in 1966.

3.  The applicant provided no additional evidence.

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 Regular Army (RA) on 5 May 1966 for a period of 3 years.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 20 November 1966 to 26 May 1967 while assigned to the 1st Battalion, 503rd Infantry Regiment as an 11B.
3.  General Orders (GO) Number 24, issued by Headquarters, 3rd Surgical Hospital, dated 15 February 1967, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 15 February 1967.

4.  He was honorably discharged on 13 November 1968 for the purpose of immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge

5.  He reenlisted in the RA on 14 November 1968.  During this period of service he served in Vietnam from 24 November 1969 to 18 November 1970 while assigned to the U.S. Military Assistance Command, Vietnam as an 11B Heavy Weapons Advisor.  On 14 November 1974, he was awarded MOS 94B (Cook) as his primary MOS.  He was honorably discharged for the purpose of immediate reenlistment on 10 April 1975.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Report of Separation from Active Duty) he was issued for this period of service shows the:

* Purple Heart
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge

6.  He reenlisted in the RA as a 94B on 11 April 1975.  On 29 August 1975, he was awarded MOS 76Y (Unit Supply Specialist) as his primary MOS.  He continued to serve until 31 May 1986, at which time he was retired for length of service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued for this period of service shows the:


* Purple Heart
* Army Commendation Medal (2nd Award)
* Army Achievement Medal
* Army Good Conduct Medal (5th Award)
* National Defense Service Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge

7.  A review of his records indicates entitlement to additional awards.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states 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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Winter-Spring 1969 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Consolidation Phase VII (1 July 1970 - 30 June 1971)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 1st Battalion, 503rd Infantry, this unit was cited for award of the Meritorious Unit Commendation for the period 5 May 1965 to 4 May 1967 by Department of the Army General Order Number 48, dated 1968.

10. Army Regulation 600-8-22 states 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.

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It 


establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held an infantry MOS and was assigned to an infantry unit.  His award of the Purple Heart on 15 February 1967 confirms he served in active ground combat with enemy forces while in Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this award.

2.  The evidence of record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

3.  General orders awarded the 503rd Infantry Regiment the Meritorious Unit Commendation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 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 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 13 of his DD Form 214 for the period ending 31 May 1986 the Vietnam Service Medal;

	b.  awarding him the Combat Infantryman Badge effective 15 February 1967; and
	c.  adding to item 13 of his DD Form 214 for the period ending 31 May 1986 the:

* Combat Infantryman Badge
* Meritorious Unit Commendation
* Vietnam Service Medal with four bronze service stars



      _________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)                                         AR20110006338



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110006338



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1