BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120003238 

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, in effect, that he be awarded the Combat Infantryman Badge (CIB) and it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he was awarded the Purple Heart (PH) and Bronze Star Medal (BSM).  As a result, he should also have received the CIB.  He further states, his military occupational specialty (MOS) is 11B2O. 

3.  The applicant provides 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.  On 17 February 1969, the applicant was inducted into the Army of the United States.  He completed training and was awarded MOS 11B (Light Weapons Infantryman).
3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company D, 1st Battalion, 14th Infantry, 4th Infantry Division, during the period 18 August 1969 to 3 August 1970 in the Republic of Vietnam (RVN) in MOS 11B.

4.  The applicant's DA Form 20 shows no derogatory information that would have disqualified him for the first award of the Army Good Conduct Medal (AGCM).  Furthermore, item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings throughout his military service.

5.  On 7 November 1969, the applicant was awarded the PH for wounds he received as a result of enemy action on 6 November 1969 in the RVN.

6.  On 20 January 1970, the applicant was awarded the BSM with "V" device for his heroism in connection with military operations against an armed hostile force on 6 November 1969 in the RVN.

7.  The applicant was honorably released from active duty on 16 February 1971.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Overseas Service Bar (two)
* PH
* BSM with "V" device

8.  A review of the applicant's record revealed Army Commendation Medal (ARCOM) orders dated 5 July 1970 and Air Medal (AM) orders dated 27 June 1970 which are not shown on his DD Form 214.

9.  The applicant's DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) contains guidance on the Combat Infantryman Badge.  It states that in order to qualify for the Combat Infantryman Badge a member must meet the following three requirements:  be an infantryman satisfactorily performing infantry duties, be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.

11.  Army Regulation 672-5-1 (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.

12.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal (VSM).  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 campaigns:

* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring
* Department of the Army Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

13.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 
8 February 1962 to 28 March 1973 and 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 evidence shows the applicant held and served in the RVN in an infantry MOS in a qualifying infantry unit.  Based upon his award of the PH and BSM with "V" device, it is presumed that he was present and personally participated when his unit was engaged in active ground combat with enemy forces.  Therefore, based on the foregoing it would be appropriate to award him the CIB.

2.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM.  He received "excellent" efficiency and conduct ratings throughout his military service; therefore, it would be appropriate to award the applicant the AGCM.

3.  While the applicant was assigned to his unit, it was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214.

4.  The applicant's records show that he was awarded the VSM.  The evidence shows he participated in four campaigns during his service in the RVN; therefore, he is eligible for wear of four bronze service stars affixed to his previously- awarded VSM.

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.  awarding the applicant the CIB for action on 6 November 1969,

	b.  awarding the applicant the AGCM (1st Award) for the period 
17 February 1969 through 16 February 1971, and

	c.  adding the following awards to his DD Form 214:

* CIB
* AGCM
* RVN Gallantry Cross with Palm Unit Citation
* Four bronze service stars to be affixed to his previously-awarded VSM 
* AM
* ARCOM
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* 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)                                         AR20120003238



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ABCMR Record of Proceedings (cont)                                         AR20120003238


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