IN THE CASE OF:	  

		BOARD DATE:  17 May 2012

		DOCKET NUMBER:  AR20110024746 


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) and the Bronze Star Medal (BSM).  

2.  The applicant states the recommendations submitted by his leaders during Vietnam were destroyed in his base camp company clerk's office in Dau Tieng, Vietnam, due to mortar attack explosions.  His BSM was awarded at Fort Polk, LA, in 1969 after his tour of duty in Vietnam.

3.  The applicant provides: 

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* BSM orders, certificate and citation
* Behavioral forms
* Several letters from former service members of his unit
* Several photographs of himself

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 August 1967, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His records show he served in the Republic of Vietnam (RVN) with Company D, 2nd Battalion, 12th Infantry, 25th Infantry Division, from 9 January 1968 to 8 January 1969.

4.  He was honorably released from active duty on 6 August 1970.

5.  The applicant's DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal
* Purple Heart
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  General Orders Number 22 issued by Headquarters, 25th Infantry Division, on 1 January 1969 awarded him the BSM for meritorious service in connection with military operations against a hostile force.

7.  There are no official orders in this records that show he was awarded the CIB.

8.  The applicant’s record contains a copy of Headquarters, 25th Infantry Division General Orders Number 3123, dated 23 April 1968.  These orders show while serving as an infantryman with Company D, 2nd Battalion, 12th Infantry, 25th Infantry Division in the RVN, on 6 April 1968, he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force.

9.   Army Regulation 600-8-22 (Military Awards) provides that 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.  

10.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with Company D, 2nd Battalion, 12th Infantry, 25th  Infantry Division, this unit was awarded the Valorous Unit Award based on Department of the Army General Orders Number 48, 1968 for valor from 31 January 1968 to 16 February 1968.  His unit was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 9 January 1968 to 8 January 1969 based on Department of the Army General Orders Number 51, dated 1971.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968 
* Tet Counteroffensive, which extended from 30 January through 1 April 1968 
* Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968 
* Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968
* Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to be awarded the CIB has been carefully considered and found to have merit.  

2.  By regulation, the CIB is authorized to members who hold and serve as an infantryman in a qualifying infantry unit of brigade, regimental, or smaller size and who were personally present and participated with their qualifying infantry unit while it was engaged in active ground combat with enemy forces.  


3.  The evidence of record confirms the applicant held and served in an infantry specialty in a qualifying infantry unit while serving in RVN.  His award of the PH  for wounds received in connection with military operations against a hostile force on 6 April 1968 support his award of the CIB.  As a result, it would be appropriate to award him the CIB and add it to his DD Form 214.  

4.  General Orders Number 22, dated 26 July 1969, awarded the applicant the BSM; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  General orders awarded his unit the VUA and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these unit awards. 

6.  He was awarded the Vietnam Service Medal.  He participated in five campaigns while serving in the RVN; therefore, he is entitled to one silver service star to be affixed to 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 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:

* awarding him the CIB while assigned to Company D, 2nd Battalion, 12th Infantry, 25th Infantry Division   

* adding to his DD Form 214 the:

* CIB
* BSM
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Valorous Unit Award
* One silver service star to be affixed to his already-awarded Vietnam Service Medal




      _______ _ 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)                                         AR20110024746



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ABCMR Record of Proceedings (cont)                                         AR20110024746



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