IN THE CASE OF:	  

		BOARD DATE:  26 July 2012

		DOCKET NUMBER:  AR20120000862 


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 infantryman and he was wounded in active ground combat with the 1st Cavalry Division.

3.  The applicant provides:

* his DD Form 214 (Report of Transfer or Discharge)
* a DD Form 215 (Correction to DD Form 214), dated 22 October 1968
* his DA Form 20 (Enlisted Qualification Record)
* orders and citation awarding him the Bronze Star Medal for meritorious service for the period May 1967 to May 1968

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  His records were destroyed, lost, or seriously damaged in that fire.  However, sufficient documents in a reconstructed record and documents provided by the applicant are available to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 17 May 1966.  He completed training as an infantryman and he was transferred to Vietnam.

4.  The applicant's DA Form 20 shows in:

	a.  item 38 (Record of Assignments) he:

* was assigned to Company B, 5th Battalion, 7th Cavalry, 1st Cavalry Division in Vietnam on 3 November 1966
* was transferred to Medical Holding Detachment, U.S. Army Tripler General Hospital, Hawaii in a patient status on 1 March 1967
* was transferred Medical Holding Detachment, Irwin Army Hospital, Fort Riley, KS on 25 April 1967
* was reassigned to Company C, 3rd Battalion, 1st Infantry, 11th infantry Brigade, Vietnam on 20 November 1967
* departed Vietnam en route to the continental United States on 6 May 1968 for separation processing

	b.  item 38 he received all "excellent" conduct and efficiency ratings through his service; and

	c.  item 40 (Wounds) the entry "Fragments Right Side – 18 February 1967."

5.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.

6.  The applicant was honorably released from active duty as an overseas returnee on 11 May 1968 in the rank/grade of sergeant (SGT)/E-5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 24 days of total active service.
7.  His DD Form 214, as corrected by a DD Form 215, shows the:

* Bronze Star Medal
* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name as a casualty on 18 February 1967 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

	b.  Army Regulation 600-8-22, 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 service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

	a.  This pamphlet shows the 5th Battalion, 7th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
9 August 1965 through 19 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969.

	b.  Paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

	c.  Paragraph 6d states that Department of the Army General Orders
Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the CIB for his service in Vietnam.

2.  The applicant was serving in an infantry company in Vietnam when he was wounded in action as a result of hostile forces and awarded the Purple Heart.  The Vietnam casualty listing confirms he was wounded in action on 18 February 1967.  Therefore, he should be awarded the CIB effective 18 February 1967 and his DD Form 214 should be corrected to show this award.

3.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.  There is no record of any disciplinary action, he received all "excellent" conduct and efficiency ratings during his service, he was awarded a Bronze Star Medal for meritorious service, and he attained the rank/grade of SGT/E-5.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 17 May 1966 through 11 May 1968 and to correct his DD Form 214 to show this award.
4.  The applicant participated in four campaigns during his two tours of duty in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  His unit during his first tour of duty in Vietnam was cited for award of the Republic of Gallantry Cross with Palm Unit Citation.  Although his unit during his second tour of duty in Vietnam was not specifically cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, under DAGO Number 8, all units in Vietnam were awarded this unit award.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) to show this unit citation was awarded to each of his units in Vietnam during his period of assignment.

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 his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
17 May 1968 through 11 May 1968;

	c.  awarding him the Combat Infantryman Badge effective 18 February 1967; and

   d.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)



      __________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)                                         AR20120000862



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ABCMR Record of Proceedings (cont)                                         AR20120000862



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