IN THE CASE OF:	  

		BOARD DATE:  14 February 2012

		DOCKET NUMBER:  AR20110014941 


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 award of the Combat Infantryman Badge and the Army Good Conduct Medal.

2.  The applicant states he was a combat wounded infantryman during his tour in the Republic of Vietnam (RVN) and these awards are not listed on his
DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 on 7 April 1970 for a period of
3 years.  He completed his training and he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  He served in the RVN from 12 February 1971 to 26 December 1971.  He was assigned to:

* Company C (Rangers), 75th Infantry (Airborne) from 22 February through 24 October 1971
* Troop D, 1st Squadron, 10th Cavalry from 26 October to 26 December 1971

4.  General Orders Number 6927, issued by Headquarters, 1st Aviation Brigade, dated 25 October 1971, awarded him the Bronze Star Medal for heroism in the RVN on 14 July 1971.  The orders cited the following reason:

While serving as a senior scout observer his team came under intense fire. He and five members of his team were wounded.  Despite his own wounds he laid down base fire to prevent the enemy from sweeping the disabled team's position.  He crawled forward to treat and encourage his wounded comrades and continued to direct helicopter gunships and his team members' fire against an estimated 25 enemy personnel.  His actions resulted in the successful extraction of the team from an extremely perilous situation and the saving of at least one life.

5.  He was honorably released from active duty on 7 April 1972 and he was transferred to a U.S. Army Reserve unit in North Carolina.  He completed 2 years and 1 day of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Bronze Star Medal with "V" device
* Purple Heart
* Air Medal
* Parachutist Badge
* Valorous Unit Award
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two campaign (bronze service) stars
* one overseas service bar


7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, states 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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 U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 the following three campaigns:

* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

11.  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 Company C, 75th Infantry, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by Department of the Army General Orders (DAGO) Number 54 dated 1974

* RVN Civil Actions Honor Medal First Class Unit Citation for the period
15 April 1969 through 16 March 1971 by DAGO Number 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant held an infantry MOS and he was assigned to an infantry unit.  His award of the Bronze Star Medal with "V" Device for heroism on 14 July 1971 clearly shows he was personally present and engaging the enemy with his infantry unit.  Therefore, he is entitled to award of the Combat Infantryman Badge for actions on 14 July 1971 and correction of his DD Form 214 to show this award.

2.  General orders cited his unit the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  The applicant received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the first award of the Army Good Conduct Medal for the period 7 April 1970 through 7 April 1972 and to correct his DD Form 214 to show this award.

4.  The evidence of record shows he was awarded the Vietnam Service Medal with two bronze service stars; however, records show he participated in three campaign phases during his service in the RVN.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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 the Vietnam Service Medal with two bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
7 April 1970 through 7 April 1972;

	c.  awarding him the Combat Infantryman Badge for actions on 14 July 1971; and

	d.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)\
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      __________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)                                         AR20110014941



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ABCMR Record of Proceedings (cont)                                         AR20110014941



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