BOARD DATE:	  14 August 2012

		DOCKET NUMBER:  AR20120004468


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) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add this badge.

2.  The applicant states he served in the infantry in Vietnam from May to June 1969 and should receive a CIB for serving in combat.

3.  The applicant provides no 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 3 December 1968.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  Headquarters, 27th Surgical Hospital, General Orders Number 136, dated 22 June 1969, awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam (RVN) on 21 June 1969.

4.  The applicant's records contain a FRIAR (code meaning slightly wounded or injured as a result of hostile action) report message from the Commanding General, U.S. Army Vietnam, identifying the applicant as having been not seriously wounded at 1730 hours on 21 June 1969.  The FRIAR report shows the applicant received a fragment wound to his left thigh while conducting a search and clear mission in the province of Qu?ng Ngãi, Vietnam, in which he engaged a hostile force in a firefight.  The FRIAR report shows his unit of assignment as Company C, 1st Battalion, 52d Infantry, Americal Division.

5.  The applicant's records also contain a Western Union Telefax addressed to his parents notifying them that he was slightly wounded in action in Vietnam by small arms fire on 21 June 1969 while on a combat operation when a hostile force was encountered.  The telefax states he received a wound to his left thigh and was treated and hospitalized in Vietnam.

6.  His DA Form 137 (Installation Clearance Record), dated 23 November 1970, shows he received "excellent" conduct and efficiency ratings.

7.  The applicant was honorably released from active duty in the rank/pay grade of specialist four/E-4 on 25 November 1970.  His DD Form 214 shows he completed 1 year, 11 months, and 23 days of net active service including 10 months and 1 day of foreign service.  He was credited with service in the RVN during the period 11 May 1969 through 21 June 1969.

8.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal (VSM), Purple Heart, and Expert Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars.

9.  The applicant's record does not contain his DA Form 20 (Enlisted Qualification Record).

10.  The applicant's records do not contain orders awarding him the Army Good Conduct Medal (AGCM).  However, a review of his records shows no derogatory information or a commander's disqualification for the first award of the AGCM.

11.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

12.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM.  Appendix B shows participation credit was awarded for the Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969) and Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969) campaigns during the applicant's period of service in the RVN.

14.  Army Regulation 600-8-22 states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the VSM and served for less than 6 months of service but were wounded as a result of hostile action are also entitled to award of the RVN Campaign Medal with Device (1960).

15.  Department of the Army General Orders Number 8, dated 1974, awarded 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 applicant's request for award of the CIB and correction of his DD Form 214 to add this badge was carefully considered and determined to have merit.

2.  The applicant's records show he was wounded in action on 21 June 1969 while conducting a search and clear mission in the province of Qu?ng Ngãi, Vietnam, in which he engaged a hostile force in a firefight as a member of Company C, 1st Battalion, 52d Infantry, Americal Division.  This evidence is sufficient to show he served in active ground combat while assigned or attached to an infantry unit of brigade or smaller size.  Therefore, he should be awarded the CIB and his DD Form 214 should be corrected to show this badge.

3.  The applicant's Installation Clearance Record shows he received "excellent" conduct and efficiency ratings during the period under review.  His records contain no derogatory information or a commander's disqualification for the first award of the AGCM.  Therefore, he should be awarded the AGCM (1st Award) for the period 3 December 1968 through 25 November 1970 and his DD Form 214 should be corrected to show this medal.

4.  The applicant's records show his unit was awarded the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  His records also show he served qualifying periods for award of the RVN Campaign Medal with Device (1960) and two bronze service stars for his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these awards.

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:

* awarding the applicant the CIB effective 21 June 1969
* awarding the applicant the AGCM (1st Award) for the period 3 December 1968 through 25 November 1970
* adding the AGCM (1st Award), RVN Gallantry Cross with Palm Unit Citation, RVN Campaign Medal with Device (1960), CIB, and two bronze service stars for his already-awarded VSM to his DD Form 214 for the period ending 25 November 1970



      ___________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)                                         AR20120004468



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ABCMR Record of Proceedings (cont)                                         AR20120004468



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