IN THE CASE OF:	  

		BOARD DATE:	  12 July 2012

		DOCKET NUMBER:  AR20120001332 


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) to show award of the Combat Infantryman Badge (CIB) and to add the 1960 Device to his already-awarded Republic of Vietnam (RVN) Campaign Medal.

2.  The applicant states his unit was awarded the CIB during his tour in the RVN as an infantryman.  However, he contends that he never received the paperwork and it was not included on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and pages 2, 3, and 4 of his DA Form 20 (Enlisted Qualification Record).

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.  On 6 December 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  In May 1968, the applicant departed Fort Polk, Louisiana, for duty in the RVN.

	a.  On 4 June 1968, he was assigned for duty as a rifleman with Company A, 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division;

	b.  On 1 July 1968, he was reassigned within the same battalion to Company E;

	c.  General Orders Number 4290, 9th Infantry Division, dated 10 April 1969 awarded him the Purple Heart for wounds received on 9 April 1969 in connection with military operations against a hostile force; and

	d.  On or about 25 May 1969, he departed the RVN and was assigned for duty as a drill sergeant at Fort Lewis, Washington.

4.  On 5 December 1969, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 2 years of creditable active duty service.

5.  The applicant's DD Form 214 lists his awards, badges, and uniform items as:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Vietnam Service Medal
* “VCM” (interpreted as RVN Campaign Medal with 1960 Device)
* Purple Heart
* Army Commendation Medal
* Air Medal
* “RVN Unit Citation” (specific foreign awards unidentified)
* 2 Overseas Service Bars

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

	a.  Item 38 (Record of Assignments) that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of 


disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

	b.  Item 40 (Wounds) that he received a fragmentary wound on 9 April 1969.

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

	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.  The RVN Vietnam Campaign Medal with 1960 Device 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.

	c.  Appendix B of this regulation shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the Tet 69 Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 3rd Battalion, 47th Infantry Regiment, during the time of the applicant's assignment, was cited in the following Department of the Army General Orders (DAGO):

	a.  Number 36, dated in 1970 for award of the Meritorious Unit Commendation;

	b.  Number 31, dated in 1969 for award of the RVN Gallantry Cross with Palm Unit Citation; and 

	c.  Number 59, dated in 1969 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.



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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the CIB and to add the 1960 Device to his already-awarded RVN Campaign Medal.

2.  The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  Even though he was awarded the Purple Heart for wounds received in connection with hostile forces, there is no evidence showing that he was wounded while in ground combat action against that enemy.  Because the available evidence does not sufficiently show that he ever engaged in active ground combat, his request for award of the CIB should be denied.

3.  Records show that the applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

4.  Records show that the applicant is authorized the RVN Campaign Medal with 1960 Device for his qualifying period of service in the RVN.  Therefore, his records should be corrected to show this award with the 1960 Device.

5.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, receiving two personal decorations, the Air Medal and the Army Commendation Medal, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

6.  Records show that the applicant participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



7.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed the evidence shows the applicant met the eligibility criteria for award of the Combat Infantryman Badge.  The Board noted that the applicant served in Vietnam from June 1968 to May 1969, during the height of the fighting, and he was wounded in April 1969, shortly after the Tet 69 Offensive.  He also earned the Air Medal, and infantrymen usually earned the Air Medal by being flown into “hot” landing zones.

2.  As a result the Board determined that the evidence presented was sufficient to warrant a recommendation for full 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 for action on 9 April 1969;

	b.  awarding him the Army Good Conduct Medal for the period 6 December 1967 to 5 December 1969;

	c.  deleting from his DD Form 214 the VSM, VCM, and RVN Unit citation; and

	d.  showing in addition to the awards already shown on his DD Form 214 that his awards include:

* Meritorious Unit Commendation
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device




__________ _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)                                         AR20120001332





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ABCMR Record of Proceedings (cont)                                         AR20120001332



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