IN THE CASE OF:	  

		BOARD DATE:  4 September 2012

		DOCKET NUMBER:  AR20120005085 


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 the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states when he left the military CIB had not been issued.  

3.  The applicant provides his DD Form 214 in support of his request.  

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 5 June 1968, and trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  
3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 19 March through 16 May 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he served with the Company A, 3rd Battalion, 21st Infantry Regiment, performing duties in MOS 11B as a rifleman.  Item 38 also shows he received “excellent” conduct and efficiency ratings throughout his military service.  

4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains Headquarters, 95th Evacuation Hospital General Orders Number 90, dated 
29 April 1969.  These orders awarded the applicant the Purple Heart (PH) for being wounded in action in the RVN on 28 April 1969.  

5.  The applicant’s MPRJ is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  

6.  On 4 June 1970, the applicant was honorably released from active duty, in the rank of specialist four (SP4)/E-4.  The DD Form 214 he was issued shows he completed 2 years of active military service.  It also shows he earned the following awards: 

* National Defense Service Medal
* 1 Overseas Service Bar
* PH
* Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar
* Vietnam Service Medal with 1 bronze service star
* RVN Campaign Medal with 1960 Device

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  It states for award of the CIB a Soldier must meet the following three requirements:

* Be an infantryman satisfactorily performing infantry duties
* Assigned to an infantry unit during such time as the unit is engaged in active ground combat 
* Actively participate in such ground combat; campaign or battle credit alone is not sufficient for award of the CIB

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the Republic of Vietnam, his unit
(3rd Battalion, 21st Infantry Regiment) was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 16 April through 28 August 1969 in Department of the Army GO (DAGO) 6, dated 1974.

9.  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.  There must have been no convictions by a 
court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the CIB to his DD Form 214 has been carefully considered and found to have merit.  By regulation, in order to support award of the CIB there must be evidence the member held and served in an infantry MOS; that he served in a qualifying infantry unit of brigade, regimental, or smaller size; and that he was present and participated with the qualifying infantry unit while it was engaged in active ground combat.  

2.  In this case, it is clear the applicant held and served in an infantry MOS in a qualifying infantry unit while serving in the RVN.  Although there is no specific evidence confirming his presence and participation with the unit while it was engaged in active ground combat with enemy forces, it is reasonable to presume he did given he was wounded in action in the RVN on 28 April 1969, and absent any evidence that he ever served in a headquarters or staff position while serving in his line infantry unit.  As a result, it is appropriate to err in his favor and presume his personal participation in active ground combat with his qualifying infantry unit.  Therefore, it would be appropriate to award him the CIB effective 28 April 1968 and to add it to his DD Form 214 accordingly.  

3.  The evidence of record also confirms the applicant received all "excellent" conduct and efficiency ratings throughout his service.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for the period 5 June 1968 to     4 June 1970, and to add this award to his record and DD Form 214. 
4.  Further, based on his RVN service, he is also eligible for the RVN Gallantry Cross with Palm Unit Citation which should also be added to his record and
DD Form 214 at this time.  

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 Army Good Conduct Medal (1st Award) for the period 5 June 1968 to 4 June 1970 and Combat Infantryman Badge for his participation in combat on 28 April 1968; and amending his DD Form 214 by adding the following awards: 

* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge 


      __________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)                                         AR20120005085



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ABCMR Record of Proceedings (cont)                                         AR20120005085



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