BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110023195 


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 his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge (CIB).  

2.  The applicant states he received the CIB while serving in the Republic of Vietnam (RVN).  

3.  The applicant provides no documentary evidence in support of the application. 

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.  On 25 November 1964, the applicant was inducted into the Army of the United States.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  His record shows he was advanced to specialist four (SP4)/E-4) on 30 April 1966, and this is the highest rank he attained while serving on active duty.  

3.  The DA Form 20 (Enlisted Qualification Record) shows the applicant served in the RVN from 12 June 1965 through 30 May 1966.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company C, 1st Battalion, 503rd Infantry Regiment, performing duties in MOS 11B as an infantry team leader.  Item 38 also shows the applicant received “excellent” conduct and efficiency ratings at all of his active duty assignments.  His Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  

4.  On 23 November 1966, the applicant was honorably released from active duty, in the rank of SP4/E-4, after completing 1 year, 11 months, and 29 days of active military service.  The DD Form 214 he was issued shows he earned the following awards:

* Parachutist Badge
* National Defense Service Medal
* one overseas service bar
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal with one bronze service star
* RVN Campaign Medal with 1960 Device

5.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-13 contains guidance on the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  During the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Defense Campaign (8 March-24 December 1965) and Vietnam Counteroffensive (25 December 1965-30 June 1966).  

6.  Paragraph 7-13 of Army Regulation 600-8-22 contains guidance the Presidential Unit Citation (PUC).  It states it is awarded to units for extraordinary heroism in action against an armed enemy.  The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart from and above other units participating in the same campaign.  The degree of heroism required is the same as that which would warrant award of a Distinguished Service Cross to an individual.  

7.  Paragraph 7-15 of the same regulation contains guidance on award of the Meritorious Unit Commendation (MUC).  It states it is awarded to units for exceptionally meritorious conduct in the performance of outstanding service for at least 6 continuous months during military operations against an armed enemy.

8.  Paragraph 8-2 of Army Regulation 600-8-22 contains guidance on the CIB.  It states in order to award the CIB the member must have held and served in an infantry MOS in an infantry unit of brigade, regimental, or smaller size and been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

10.  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 the applicant's unit, 1st Battalion, 503rd Infantry Regiment, was cited for award of the:

* PUC for actions on 8 November 1965 in Department of the Department of the Army General Orders (DAGO) Number 40, dated 1966
* MUC for the period 5 May 1965 through 4 May 1967 in DAGO Number 48, dated 1968
* RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 in DAGO 51, dated 1971 

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone.  It further states for Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the CIB has been carefully considered and was found to have merit.  By regulation, in order to qualify for the CIB the member must hold and serve in an infantry MOS; must be assigned to an infantry unit of brigade, regimental, or smaller size; and must have been present and participated with the unit while it was engaged in active ground combat with enemy forces.

2.  Although the applicant's record is void of specific evidence of his personal participation in active ground combat with his unit in the RVN or that confirms award of the CIB, it does confirm he served as an infantry team leader in MOS 11B with a qualifying infantry unit during his tour of duty in the RVN.  There is no evidence of record indicating the applicant was ever assigned to staff or non-infantry duties during his tenure in the RVN.  Further, the record shows his unit received the PUC and MUC for valorous actions in the RVN during his tenure of assignment.  As a result, absent evidence to the contrary, it is reasonable to conclude he participated in active ground combat with enemy forces with his unit.  Therefore, it would be appropriate to resolve any doubt in his favor and award him the CIB and add it to his DD Form 214.

3.  The record also shows the applicant received "excellent" conduct and efficiency ratings through his service, and his MPRJ is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for the period 25 November 1964 through 23 November 1966, and add it to his DD Form 214.

4.  The evidence of record also confirms that based on his RVN service and campaign participation he is eligible for the RVN Gallantry Cross with Palm Unit Citation and 2 bronze service stars his VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214.

5.  The applicant’s DD Form 214 shows he is authorized one Overseas Service Bar.  He is authorized two Overseas Service Bars and his DD Form 214 should be corrected to show this.



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 AGCM (1st Award) for the period 25 November 1964 through 23 November 1966,

	b.  awarding him the CIB,

	c.  deleting the VSM from his DD Form 214, and 

   d.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars 
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge



      __________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)                                         AR20110023195



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ABCMR Record of Proceedings (cont)                                         AR20110023195



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