IN THE CASE OF:	  

		BOARD DATE:  7 August 2012

		DOCKET NUMBER:  AR20120001452 


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 was trained and fought as an infantryman until he was wounded.  He was evacuated and after he recovered his military occupational specialty (MOS) was changed to correctional specialist.

3.  The applicant provides copies of queries about morning reports (it shows he was transferred to the 95th Evacuation Hospital) and daily staff journal (showing he was evacuated from a landing zone after the helicopter he was riding in had taken hostile fire.

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 was inducted into the Army of the United States on
16 September 1968.  He completed training as a light weapons infantryman in MOS 11B.

3.  He arrived in Vietnam on 16 February 1969 and on 27 February 1969 he was assigned to Company D, 1st Battalion, 52nd Infantry, 198th Infantry Brigade.

4.  General Orders Number 78, issued by Headquarters, 95th Evacuation Hospital, dated 20 April 1969, awarded the applicant the Purple Heart for wounds received in action in Vietnam on 19 April 1969.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 22 (MOSs) the entry:

* PMOS (Primary MOS)  11B  LT WEAPONS INF  7 FEB 1969
* PMOS  95C  CORRECTIONAL SPEC  30 JAN 1970

	b.  item 29 (Qualification in Arms) he qualified:

* Marksman with the M-16 Rifle in December 1968
* Marksman with the M-60 Rifle in December 1968
* Expert with the M-14 Rifle in August 1969

	c.  item 38 (Record of Assignments) he:

* was reassigned to the Medical Holding Company, 106th General Hospital in Vietnam on 25 April 1969 in a patient status
* was further reassigned to Medical Holding Company, U.S. Army Hospital, Fort Devens, MA on 13 May 1969 for further treatment
* remained in the United States and subsequently awarded PMOS 95C

	d.  item 40 (Wounds) he received a gunshot wound to his left thigh on 19 April 1969; and

	e.  item 41 (Awards and Decorations) award of the Purple Heart; however, it does not show award of the Combat Infantryman Badge.

6.  On 15 September 1970, the applicant was honorably released from active duty at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 2 years of total active service.  The


DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Army Good Conduct Medal

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

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The CIB 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	c.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

8.  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.  Paragraph 6d, states 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 was wounded in action in Vietnam and he was awarded the Purple Heart while serving in an infantry MOS with an infantry company.  As such, it appears he met the criteria for the Combat Infantryman Badge.  Therefore, he should be awarded this badge effective 19 April 1969 and his
DD Form 214 should be corrected to show this award.

2.  He participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Records show the applicant qualified Expert with the M-14 Rifle and Marksman with the M-16 Rifle and the M-60 Machine Gun.  Therefore, his
DD Form 214 should be corrected to show these marksmanship badges

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 Combat Infantryman Badge for actions on 19 April 1969; and

	c.  adding to his DD Form 214 the:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60)



      __________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)                                         AR20120001452



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ABCMR Record of Proceedings (cont)                                         AR20120001452



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