IN THE CASE OF:	

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110023392 


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 the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* He served in combat during his tour in Vietnam
* Every member of his unit received the badge
* He believes the badge was omitted because he was reassigned after receiving treatment for wounds received in combat 

3.  The applicant provides:

* Orders for the Bronze Star Medal with "V" Device
* 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 29 June 1963 for a period of 
3 years.  He was awarded military occupational specialty (MOS) 11E (armor crewman).  He arrived in Vietnam on 25 September 1965.  

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* he served in duty MOS 05C (radio operator) assigned to Company B, 2nd Battalion, 2nd Infantry of the 1st Infantry Division in Vietnam from 
     16 October 1965 to 26 February 1966
* he served in duty MOS 56A (supply handler) assigned to Company B, 1st Supply and Transport Battalion, 1st Infantry Division in Vietnam from 
      27 February 1966 to 22 June 1966  

4.  On 23 June 1966, he was released from active duty in the rank of private first class after completing 2 years, 11 months, and 25 days of creditable active service with no time lost.

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Bronze Star Medal & Victory Device (correctly known as the Bronze Star Medal with "V" Device)
* Purple Heart

6.  There are no orders for the CIB in the available records.  

7.  His citation for the Bronze Star Medal with "V" Device for heroism on 
5 December 1965 in Vietnam states:

* he was assigned to Company B, 2nd Battalion, 2nd Infantry of the 1st Infantry Division
* he was serving as automatic rifleman
* he was painfully wounded in the first insurgent onslaught 

8.  His battle casualty report, dated 6 December 1965, states his duty MOS was 11B (light weapons infantryman). 
9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

10.  Records show he participated in two campaigns during his assignment in Vietnam.

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 the 2nd Battalion, 2nd Infantry was cited for award of the:

* Valorous Unit Award for actions on 5 December 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1966
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970

12.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 600-8-22 (Military Awards) states the CIB 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

14.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  




15.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

16.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  A silver service star will be worn in lieu of five bronze service stars.  

DISCUSSION AND CONCLUSIONS:

1.  Although there are no orders for the CIB in the available records, evidence shows the applicant served as an infantryman assigned to an infantry company in Vietnam.  In addition, he was wounded in action and received the Bronze Star Medal with "V" Device for heroism in Vietnam.  Therefore, there is sufficient evidence on which to award the CIB.

2.  He served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show this medal.

3.  He was released from active duty in the rank of private first class with almost 3 years of creditable active service with no lost time.  His records also show he received "excellent" conduct and efficiency ratings throughout his service.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 29 June 1963 through 23 June 1966 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in two campaigns during his service in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show these awards.

5.  His Vietnam unit (2nd Battalion, 2nd Infantry) was cited for the Valorous Unit Award and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show these unit awards.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  His DD Form 214 should be corrected 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.  awarding him the CIB effective 5 December 1965;

	b.  awarding him the first award of the Army Good Conduct Medal for the period 29 June 1963 through 23 June 1966; and

	c.  adding the CIB, Army Good Conduct Medal (1st Award), Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Republic of 





Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal in item 26 of his DD Form 214.     



      _______ _   _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)                                         AR20110023392





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ABCMR Record of Proceedings (cont)                                         AR20110023392



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