IN THE CASE OF:	  

		BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110011534 


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 that he served as an infantryman in Vietnam and earned the CIB by virtue of his engagement with enemy forces and being wounded on 12 August 1969.  He goes on to state that he was awarded the Purple Heart for his wounds and the CIB should have been awarded.

3.  The applicant provides a copy of orders awarding him the Purple Heart.

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 volunteered for induction in Los Angeles, California on 15 October 1968.  He completed his one-station unit training as a light weapons infantryman at Fort Ord, CA and was transferred to Vietnam on 6 April 1969 for assignment to Company B, 1st Battalion, 327th Infantry Regiment,
101st Airborne Division.

3.  Special Orders Number 171 issued by Headquarters, 101st Airborne Division on 20 June 1969 awarded the applicant the CIB.

4.  On 11 August 1969, the applicant was wounded (fragmentation wounds to the left leg) and on 22 September 1969 Special Orders Number 12285 issued by Headquarters, 101st Airborne Division awarded him the Purple Heart.

5.  General Orders Number 12775 issued by Headquarters, 101st Airborne Division on 7 October 1969 awarded the applicant the Army Commendation Medal (ARCOM).

6.  On 25 November 1969, he was medically evacuated to the 106th General Hospital in Japan.

7.  On 20 May 1970, the applicant was honorably released from active duty (REFRAD) at Fort Lewis, Washington as an overseas returnee.  He had served
1 year, 7 months, and 6 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Purple Heart, and the Air Medal.

8.  A review of the applicant’s record shows he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  His records also show that he served in three campaigns in Vietnam.

9.  On 29 December 1970, the U.S. Army Reserve Component Personnel and Administration Center in St. Louis, MO issued a DA Form 1577 (Authorization for Issuance of Awards) to the applicant for awards of the AGCM and the VSM with three bronze service stars.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for 


campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment his unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the award of the CIB should be added to his DD Form 214 has been noted and found to have merit. 

2.  The applicant was awarded the CIB and the ARCOM that were not included on his DD Form 214 at the time of his REFRAD.  Accordingly, they should be added at this time.

3.  The applicant was qualified for award of the AGCM and the medal set has already been issued to him.  Accordingly, that award should also be added to his DD Form 214 at this time.

4.  The applicant served in three campaigns while in Vietnam and he has been issued medal sets for the VSM with three bronze service stars.  Accordingly, his DD Form 214 should be corrected to reflect his three bronze service stars.

5.  Additionally, the applicant served in Vietnam during the period his unit 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.  Accordingly, those awards should be added to his DD Form 214 at this time.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

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

* Deleting the entry of the “VSM” from block 24 of his DD Form 214
* Adding the entry of the “VSM with three bronze service stars” to block 24 of his DD Form 214
* Adding the awards of the CIB, the ARCOM, the AGCM, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to block 24 of his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20110011534



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ABCMR Record of Proceedings (cont)                                         AR20110011534



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