IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20120000523 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

   a.  Item 19 (Grade, Rate, or Rank At Time Of Entry Into Current Active Service) to reflect the rank of specialist four (SP4)/E-4 and not private (PVT)/E-1.
   
   b.  Item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) to show all awards he is entitled to receive to include the Combat Infantryman Badge (CIB).

2.  The applicant states that he did not know he should have received a CIB until he was advised by a Disabled American Veterans service officer.

3.  The applicant provides a copy of his 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's military record shows he was inducted into the Army of the United States (AUS), in pay grade E-1, on 11 May 1966.  He completed training and was awarded military occupational specialty 51B (Heavy Construction Carpenter).  He was promoted to the rank of SP4 (T), pay grade E-4, on 21 May 1967.

3.  He served in Vietnam from 2 June 1967 through 3 May 1968, during three campaigns.  He was assigned to Company B, 93rd Engineer Battalion (Construction).

4.  He was honorably released from active duty in pay grade E-4 on 1 May 1968, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 11 months, and 21 days of net active service and he had no recorded lost time.

5.  His DD Form 214 shows in:

* Items 5a (Grade, Rate, or Rank)  - SP4 (T)
* Item 5b (Pay Grade) - E-4
* Item 6 (Date of Rank) - 21 May 1967
* Item 19 - PVT E-1 (P)
* Item 24:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal (1st Award)

6.  There is no evidence of record and he did not provide any evidence that shows he served in active ground combat and was awarded the CIB while serving in Vietnam.  Item 9 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the CIB.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated:

   a.  Item 19 would list the grade in which the individual actually entered the current tour of active duty.  If the individual was discharged from a previous enlistment and immediately reenlisted without being furnished a DD Form 214 the rank/grade held upon entry would be entered.
   
   b.  Item 24 would list all decorations, service medals, campaign credits, and badges awarded or authorized.
   
8.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated the criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the CIB is not an award for being shot at or undergoing the hazards of day-to-day combat."

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

   b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 

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 his unit, the 95th Engineer Battalion, was cited for the following awards when he was assigned to the unit:

* Meritorious Unit Commendation for the period 1 February - 30 September 1968, by Department of Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 - 9 February 1970, by DAGO Number 43, dated 1970

11.  DAGO Number 8, dated in 1974, authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to the United States Army Vietnam.




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record also confirms the applicant participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

2.  General orders awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  General orders also awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to correct his DD Form 214 to show these awards.

3.  The evidence of record shows he was inducted in the AUS in pay grade E-1 on 11 May 1966.  He was promoted to pay grade E-4 on 21 May 1967.  He was released from active duty on 1 May 1968 and issued a DD Form 214 which correctly shows his rank, pay grade, and date of rank in Items 5a, 5b, and 6.  In accordance with the pertinent regulation, the rank in which he entered active duty was properly shown in Item 19 of this DD Form 214.  Therefore, he is not entitled to correction to Item 19 on his DD Form 214 to show pay grade E-4.

4.  To be entitled to award of the CIB, the evidence must show that an individual held and served in an infantry MOS while assigned or attached to an infantry unit of brigade, regimental, or smaller size, and the individual must have served in active ground combat while assigned or attached to this infantry unit.

5.  The evidence of record shows he completed training and was awarded MOS 51B.  There is no evidence he was awarded and served in an infantry MOS during his period of active service.  His request for award of the CIB was carefully considered.  However, the CIB is not automatically awarded to a Soldier for being shot at or undergoing the hazards of day-to-day combat.  Absent sufficient evidence as required by the governing regulation, he is not entitled to award of the CIB and addition of the award to his DD Form 214.

6.  In view of the foregoing, his records should be corrected as recommended below.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from the applicant's DD Form 214 the Vietnam Service Medal; and 
   
   b.  adding to his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 by adding to:

* Item 19 the pay grade of E-4
* Item 24 the CIB



      _______ _   __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)                                         AR20120000523



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ABCMR Record of Proceedings (cont)                                         AR20120000523



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