IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120001751 


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 he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states that he served in Vietnam as an infantryman and was awarded the Purple Heart for wounds received and should have been awarded the CIB.

3.  The applicant provides a one-page letter explaining his application, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), copies of his transfer orders, and a copy of his evacuation orders.

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 in Buffalo, New York on 3 October 1968.  He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana and was transferred to Vietnam on 17 March 1969 for assignment to Company B, 5th Battalion, 12th Infantry Regiment, 199th Infantry Brigade as a rifleman.

3.  On 3 April 1969, he was wounded in action (fragmentation wounds to left arm) and was medically evacuated to the Valley Forge General Hospital (VFGH) in Phoenixville, Pennsylvania on 9 May 1969.

4.  On 3 July 1969 General Orders Number 35 issued by VFGH awarded the applicant the Purple Heart.

5.  On 2 February 1970, he was transferred to Germany for duty as a military policeman.  He remained in Germany until 22 September 1970 when he was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) that date as an overseas returnee.  He had served 1 year, 11 months, and 20 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Purple Heart, and the Vietnam Campaign Medal.  

6.  A review of the applicant’s records failed to show any evidence of the applicant being awarded the CIB.  However, his records show that he participated in one campaign and that he had “excellent” conduct and efficiency ratings throughout his service.  His record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM). 

7.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Announcement in orders is required.

8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.

9.  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.  It shows that during the applicant's assignment his unit was cited 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 during the period he was assigned to the unit.

10.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the CIB has been noted and appears to have merit.  He was serving as an infantryman in an infantry company in Vietnam when he was wounded in action against the enemy on 3 April 1969.  Accordingly, he should be awarded the CIB effective 3 April 1969 and that award should be added to his DD Form 214. 

2.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 3 October 1968 to 22 September 1970 and his DD Form 214 should be corrected to show this award.

3.  Additionally, the evidence of record shows that the applicant participated in one campaign and thus he is entitled to wear one bronze service star on his already awarded VSM.  The applicant's unit was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Accordingly, those unit awards should be added to his records at this time as well.







BOARD VOTE:

__X_____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Awarding the applicant the CIB effective 3 April 1969 and adding it to his DD Form 214
* Awarding the applicant the AGCM (1st Award) for the period 3 October 1968 to 22 September 1970 and adding it to his DD Form 214
* Deleting the award of the Vietnam Service Medal from his DD Form 214
* Adding the award of the Vietnam Service Medal with one bronze service star to his DD Form 214
* Adding the awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.


      _______ _   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)                                         AR20120001751





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ABCMR Record of Proceedings (cont)                                         AR20120001751



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