BOARD DATE:	 13 September 2012 

		DOCKET NUMBER:  AR20120004035 


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 an infantryman serving in military occupational specialty (MOS) 11B
* was assigned to Company A, 2 Battalion, 28th Infantry (Black Lions)
* was in combat and he received a Silver Star and Purple Heart

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* General Orders Number 504, Headquarters, 1st Infantry Division, Vietnam, dated 20 January 1968, awarding him the Silver Star for gallantry in action on 17 October 1967

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 for 2 years on 9 January 1967.  Following completion of all required military training, he was awarded MOS 11B and transferred to Vietnam.

3.  His records show he arrived in Vietnam on or about 18 June 1967 and was assigned to Company A, 2nd Battalion, 28th Infantry, 1st Infantry Division for duty as a rifleman.  While a member of this unit, he was awarded the Silver Star for gallantry in action on 17 October 1967.  His citation reads:

For gallantry in action against a hostile force:  On this date, during Operation Shenandoah II, Private First Class [applicant] was serving as a rifleman on a battalion-minus search and destroy mission in a dense jungle area near Chon Thanh.  While moving through an area of suspected enemy activity, the friendly force made contact with a numerically superior Viet Cong force using small arms, automatic weapons and rockets.  Private First Class [applicant] and several of his comrades were cut off from the rest of the company by the intensive hostile fire.  He immediately assumed command, set up a tight defensive perimeter, and moved forward to retrieve those personnel outside the perimeter.  Although he was wounded, Private First Class [applicant] moved about to aid his comrades and reestablish communications with the command group.  With complete disregard for his personal safety, he left his covered position and made his way through concentrated enemy fire to retrieve three damaged radios.  From the three damaged ones, he assembled one working radio and called in artillery fire and air strikes against the insurgent positions.  He also coordinated the relief and evacuation of the squad and did not leave the battle area until all of his wounded comrades had been cared for and evacuated.  Through his outstanding display of courage and aggressiveness, many lives were saved and the enemy force was defeated.  Private First Class [applicant's] unquestionable valor in close combat against numerically superior hostile forces is in keeping with the finest traditions of the military service and reflects great credit upon himself, the 1st Infantry Division, and the United States Army.


4.  Following the above action, the applicant was evacuated to the 24th Evacuation Hospital for treatment of a gunshot wound to his back.  He was the awarded the Purple Heart in General Orders Number 167, Headquarters, 24th Evacuation Hospital, Vietnam, dated 21 October 1967.

5.  The applicant's records show, in his DA Form 20 (Enlisted Qualification Record), he was reassigned within the 1st Infantry Division and given assignments as a clerk-typist and a wireman throughout the rest of his Vietnam tour.  He departed Vietnam on or about 14 June 1968 and finished his service at Fort Hood, Texas.  He earned uniformly "excellent" conduct and efficiency ratings during his service and he had no court-martial convictions.

6.  The applicant was honorably released from active duty on 18 December 1968.  His DD Form 214 shows he was awarded:

* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Army Commendation Medal
* Silver Star
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The CIB 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.  

	b.  During the Vietnam era, the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.



8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows the units to which the applicant was assigned in the Republic of Vietnam were cited for award the following:

* Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 24, dated 1972, for the period 1 June 1967 through 30 August 1968 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 21, dated 1969, for the period 12 July 1965 through 16 October 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation  by DAGO Number 53, dated 1970, for the period October 1965 through    7 April 1970

9.  Appendix B of AR 600-8-22 states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV - (2 April 1968 - 30 June 1968)

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the CIB.  Based upon his MOS, unit of assignment, and his award of the Silver Star and Purple Heart, he is clearly authorized award of the CIB.  It should be awarded and added to his DD Form 214.

2.  The evidence of record shows the applicant is entitled to other awards and correction of his DD Form 214.

	a.  He received "excellent" conduct and efficiency ratings throughout his period of service, he had no adverse actions, and there is no record of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 9 January 1967 to 18 December 1968 and to correction of his DD Form 214 to show this medal.



	b.  He served in the Republic of Vietnam from 18 June 1967 to 14 June 1968 and participated in 3 campaigns.  Therefore, he is entitled to 3 bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

	c.  The units to which he was assigned while in the Republic of Vietnam were awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of DD Form 214 to show these unit awards.

3.  The Board wants the applicant and all others concerned to know that his sacrifices made in service to our Nation are greatly appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.

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:

* awarding him the CIB 
* awarding him the Army Good Conduct Medal (1st Award) for the period 9 January 1967 to 18 December 1968
* deleting from his DD Form 214 the Vietnam Service Medal with 2 bronze service stars
* adding to his DD Form 214 the Vietnam Service Medal with 3 bronze service stars, Army Good Conduct Medal (1st Award), CIB, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit 


Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _______ _ 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)                                         AR20120004035



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ABCMR Record of Proceedings (cont)                                         AR20120004035



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