IN THE CASE OF:	  

		BOARD DATE:  15 March 2012

		DOCKET NUMBER:  AR20110018380 

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 the award of the Presidential Unit Citation (PUC) and the Combat Infantryman Badge (CIB).

2.  The applicant states he met the criteria for award of the CIB as did his fellow combatants and the PUC was awarded to his unit, Company D, 4th Battalion, 
12th Infantry, 199th Infantry Brigade (Separate), in the Republic of Vietnam (RVN) for the period 5 May to 10 May 1968.

3.  The applicant provides his DD Form 214, a notarized statement from his former company commander and Department of the Army General Orders (DAGO) Number 60, dated 17 October 1969.

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's records show he enlisted in the Regular Army on 2 March 1969.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served in the RVN from 25 February 1968 on or about 16 July 1968.  He was assigned to Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, as a light weapons infantryman.

4.  Item 40 (Wounds) of his DA Form 20 shows he received a fragment wound to his right leg on 6 May 1968.  He was subsequently awarded the Purple Heart.

5.  On 21 February 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Good Conduct Medal, and the Purple Heart.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal and states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour of duty in Vietnam, he participated in two campaigns:

* Tet Counteroffensive (30 January -1 April 1968)
* Vietnam Counteroffensive (2 April -30 June 1968)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit to which the applicant was assigned was awarded the:

* PUC by DAGO Number 60, for the period 5-10 May 1968, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968-31 July 1970 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class for the period 12 December 1966-31 August 1970 by DAGO Number 51, dated 1971



9.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  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.

10.  The applicant provides a notarized statement from a retired lieutenant colonel who states that the applicant served under his company command in the RVN  during the period from January to July 1968.  The applicant had performed duty as an infantryman and an assistant machine gunner while assigned to Company D, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade.  The author recommended that the applicant's record be corrected to add the CIB for his combat service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have his DD Form 214 corrected to show the award of the PUC and CIB was carefully considered and there is sufficient evidence to grant relief.

2.  The evidence of record shows he was assigned to an infantry unit during his service in the RVN and the Purple Heart he was awarded for a fragment wound he sustained to his right leg strongly supports his having been personally present and under hostile fire while serving as a light weapons infantryman.

3.  Furthermore, the letter of support from his former company commander clearly states that the applicant had performed qualifying combat service in the RVN as an infantryman and a machine gunner.  Therefore, it would be appropriate to award him the CIB for his combat service, effective January 1968 and to add this badge to his DD Form 214.

4.  General orders awarded his unit the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Records show he participated in two campaigns while serving in the RVN.  Therefore, he is entitled to award of two bronze service stars 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 the Vietnam Service Medal;
   
   b.  awarding him the Combat Infantryman Badge; and

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

* Combat Infantryman Badge
* Presidential Unit Citation
* Vietnam Service Medal with two bronze service stars
* 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)                                         AR20110018380





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ABCMR Record of Proceedings (cont)                                         AR20110018380



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