IN THE CASE OF:	  

		BOARD DATE:	  26 July 2012

		DOCKET NUMBER:  AR20120002437 


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 the Combat Infantryman Badge.

2.  The applicant states he served as an infantryman in Vietnam for a year and the Combat Infantryman Badge does not appear on his DD Form 214. 

3.  The applicant does not provide any additional evidence.

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 23 April 1968.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  His records show he served in Vietnam with Company A, 1st Battalion,
20th Infantry, 11th Infantry Brigade, from 24 September 1968 to 9 September 1969.

4.  Special Orders Number 192, issued by Headquarters, U.S. Army Training Center, infantry, Fort Polk, LA, dated 29 July 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  General Orders Number 968, issued by Headquarters, Americal Division, dated 10 February 1969, awarded him the Purple Heart for wounds received in action in connection with military operations against a hostile force in Vietnam on 18 January 1969 while serving with Company A, 1st Battalion, 20th Infantry. 

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

* item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service
* item 40 (Wounds) he received fragment wounds to the left arm on
18 January 1969

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

8.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 22 April 1970.  He completed 2 years of total active service.  The DD Form 214 he was issued at the time shows the:

* Purple Heart
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

10.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

11.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal 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.  There must have been no convictions by a court-martial.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* 
Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 1st Battalion, 20th Infantry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 through 28 February 1969 based on Department of the Army General Order (DAGO) Number 2, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 based on DAGO Number 42, dated 1972

14.  Department of the Army Pamphlet 672-3, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant held an infantry MOS and he was assigned to an infantry unit during his service in Vietnam.  He sustained fragment wounds to his left arm on 18 January 1969 and he was awarded the Purple Heart.  It is reasonable to presume he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.  Therefore, he should be awarded the Combat Infantryman Badge for actions on 18 January 1969 and his DD Form 214 should be corrected to show this award.

2.  He was awarded the Vietnam Service Medal with three bronze service stars.  However, he participated in four campaigns while serving in the Republic of 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 the correct number of bronze service stars.

3.  The applicant's unit in Vietnam was cited for two award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. 

Although his is on entitled to wear one of these awards, his DD Form 214 should be corrected to show both of these unit awards.

4.  He served honorably from 23 April 1968 through 22 April 1970.  He attained the rank/grade of SP4/E-4, served in Vietnam, received multiple awards, and received all "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  Orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

BOARD VOTE:

___X_____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 with three bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
23 April 1968 through 22 April 1970;

	c.  awarding him the Combat Infantryman Badge for actions on 18 January 1969; and

	d.  adding to his DD Form Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      ___________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)                                         AR20120002437



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ABCMR Record of Proceedings (cont)                                         AR20120002437



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