IN THE CASE OF:	  

		BOARD DATE:	  11 October 2012

		DOCKET NUMBER:  AR20120005731 


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 award of the Combat Infantryman Badge (CIB).

2.  He states he participated in several combat operations while assigned to the 4th Infantry Division in the Republic of Vietnam (RVN).  He offers that he has a copy of the CIB certificate, but the second and third digits of his social security number (SSN) are reversed.  

3.  He provides the following:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Human Resources Command (HRC) letter, dated 14 June 2011
* CIB certificate, dated 10 February 1970
* Enlistment Contract, dated 30 June 1969
* DA Form 20 (Enlisted Qualification Record)

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 enlisted in the Regular Army on 30 June 1969.  After completing basic and advanced individual training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the RVN from 30 November 1969 to 7 November 1970 and was assigned to Company B, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division.  He was honorably discharged from active duty with severance pay on 15 November 1972.

3.  His DA Form 20 shows in item 41 (Awards and Decorations) the:

* CIB, Special Orders 41, issued by Headquarters, 4th Infantry Division
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  His DD Form 214 and DD Form 215 show the following:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Air Medal
* Army Commendation Medal (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

5.  His military personnel records do not contain any orders awarding him the CIB.

6.  His records show no evidence of nonjudicial punishment under Article 15 of the Uniform Code of Military Justice and no evidence of courts-martial or any other type of adverse action.  Additionally, his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

7.  He provided a certificate, dated 10 February 1970, that stated he was awarded the CIB for his participation in an armed ground conflict while a member of "The Famous Fighting Fourth Infantry Division" in the Central Highlands of the RVN.  The certificate is handwritten and the second and third digits of his SSN are reversed.

8.  In a letter, dated 14 June 2011, the Chief, Awards and Decorations Branch, HRC, responded to the applicant's request concerning his desire to obtain documentation of all awards and decorations to include an award of the CIB for his service in the RVN.  In regard to the CIB, the agency provided him with the criteria for award of the CIB and said that being assigned to a qualifying unit and possessing a qualifying MOS were insufficient for award of the CIB. 

9.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal (AGCM) is awarded to individuals who have completed a qualified period of active duty enlisted service.  For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  Contrary to the letter from HRC, his DA Form 20 verifies that he was awarded the CIB by Special Orders 41, issued by Headquarters, 4th Infantry Division.  Therefore, he is entitled to correction of his DD Form 214 to show award of the CIB.

2.  Additionally, his DA Form 20 shows he qualified marksman with the M-16 Rifle and sharpshooter with the M-14 Rifle.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to the AGCM (1st Award) for the period 30 June 1969 through 29 June 1972 and to correction of his DD Form 214 to show this award.

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 him the AGCM (1st Award) for the period 30 June 1969 through 29 June 1972; and 

   b.  adding to his DD Form 214 the:
   
* CIB
* AGCM (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ _   __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)                                         AR20120005731



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ABCMR Record of Proceedings (cont)                                         AR20120005731



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