IN THE CASE OF:	  

		BOARD DATE:	    31 May 2012

		DOCKET NUMBER:  AR20110023913 


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 he served as an infantry platoon leader for six months in the Republic of Vietnam (RVN).  He also points out that the Social Security Number (SSN) listed in item 3 (Social Security Number) of his 28 November 1967 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) erroneously reversed the sixth and seventh digits of his SSN which should be “96” by listing them as “69.” 

3.  The applicant provides an Officer Efficiency Report (OER) ending on 28 July 1967 in support of his 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.  After serving on active duty in an enlisted status for 2 years, 1 month, and 
12 days and completing Officer Candidate School (OCS), the applicant was appointed a second lieutenant in the infantry and entered active duty in that status on 3 December 1965.  He was promoted to first lieutenant (1LT) on
3 December 1966, and this is the highest rank he attained and held while serving on active duty.  

3.  The documents on file for his enlisted service, including the remarks portion of his DD Form 214, list his SSN using the numbers “96” as the sixth and seventh digits.  All orders and forms documenting his appointment as a commissioned officer also list his SSN using the numbers “96” as the sixth and seventh digits.  

4.  The applicant’s DA Form 66 (Officer Qualification Record) lists his SSN using the numbers “96” as the sixth and seventh digits.  It also shows he served in the Republic of Vietnam (RVN) from 26 December 1966 through 25 November 1967.  

5.  Item 18 (Record of Assignments) of the DA Form 66 shows that during his RVN tour, the applicant was assigned to Company A, 1st Battalion, 14th Infantry Regiment performing duties in specialty 1542 (Infantry) as an infantry platoon leader from 3 January through 1 June 1967; and to Headquarters and Headquarters Company (HHC) of the same unit performing duties in MOSs 1542 and 59301 as the battalion liaison officer and S-2, respectively, from 2 June through 21 November 1967.  

6.  The applicant’s record contains an OER for the period 2 June through 28 July 1967, in which the applicant was evaluated as an infantry platoon leader in the RVN.  The rater’s comments indicate the applicant was an infantry rifle platoon leader during the period and that he had been recommended for the Silver Star for gallantry in action.  It also contains Bronze Star Medal (BSM) orders showing he was awarded the BSM with “V” (Valor) Device for heroism in action in the RVN on 6 May 1967 while performing as an infantry platoon leader and orders showing he received the BSM for meritorious service in the RVN from January to November 1967.  

7.  On 28 November 1967, the applicant was honorably released from active duty (REFRAD), in the rank of 1LT, after completing 1 year, 11 months, and 26 days during the period and a total of 4 years, 1 month, and 8 days of active military service.  

8.  The DD Form 214 issued to the applicant upon his REFRAD on 28 November 1967 shows his SSN with the numbers “69” as the sixth and seventh digits.  It also shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with 60 Device

9.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  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 tenure of assignment in the RVN, the applicant participated in the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968) campaigns.  

10.  Chapter 8 of the awards regulation contains guidance on badges and tabs.  Paragraph 8-2 contains guidance on the CIB.  It states in order to award the CIB the member must have held and served in an infantry MOS; served 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.  

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 1st Battalion, 14th Infantry Regiment, was cited for the following awards during his tenure of assignment: 

* RVN Gallantry Cross (RVNGC) with Palm Unit Citation for the period 
1 January through 1 August 1967 by Department of the Army General Order (DAGO) Number 48, dated 1971 
* RVN Civil Actions Honor Medal (RVNCAHM) First Class (FC) Unit Citation for the period 1 August 1967 through 31 October 1969 by DAGO Number 53, dated 1970
* Navy Presidential Unit Citation (NPUC) for the period 10 through 
15 September 1967 by DAGO Number 59, dated 1969

12.  Department of the Army Pamphlet 672-3 also shows that Company A, 1st Battalion, 14th Infantry Regiment was awarded the Valorous Unit Award (VUA) for the period 22 April through 20 August 1967 by DAGO Number 43, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the CIB has been carefully considered and found to have merit.  The record confirms the applicant served as an infantry officer in a qualifying infantry unit, and BSM with “V” Device orders on file confirm his presence and participation with his unit while it was engaged in active ground combat with enemy forces.  Therefore, it would be appropriate to award him the CIB and to add it to his record and DD Form 214.  

2.  The record contains orders that awarded the applicant the BSM with “V” Device and BSM for meritorious service.  It also confirms that based on his RVN service and campaign participation, he is eligible for the VUA, NPUC, RVNGC with Palm Unit Citation, RVNCAHM FC Unit Citation, and 2 bronze service stars with his already-awarded VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214. 

3.  The record also shows that as a result of an administrative error, the sixth and seventh digits of the applicant’s SSN were erroneously reversed when entered in item 3 of his 28 November 1967 DD Form 214.  Therefore, it would also be appropriate to amend item 3 accordingly. 

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 Combat Infantryman Badge, effective 6 May 1967;

   b.  amending item 3 of his 28 November 1967 DD Form 214 by deleting the sixth and seventh digits of the SSN entered and replacing them with the digits “96”; and 

c. amending his 28 November 1967 DD Form 214 by deleting the current Vietnam Service Medal entry and adding the following awards:

* Bronze Star Medal (2nd Award) and with “V” Device 
* Vietnam Service Medal with 2 bronze service stars
* Valorous Unit Award
* Navy Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20110023913



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ABCMR Record of Proceedings (cont)                                         AR20110023913



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