IN THE CASE OF:	  

		BOARD DATE:  24 January 2013

		DOCKET NUMBER:  AR20120012023 


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) for his service in the Republic of Vietnam (RVN).

2.  The applicant states the CIB is not shown on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and a shipping notice indicating he received the CIB.

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 25 September 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 14 February 1969, the applicant departed Fort Lewis, Washington, for duty in the RVN.

	a.  On 19 March 1969, he was assigned as a rifleman in MOS 11B to Headquarters and Headquarters Company, 1st Battalion (Airmobile), 506th Parachute Infantry Regiment.

	b.  From 28 August through 16 November 1969, he was in a patient status and hospitalized.

	c.  On 17 November 1969, he was assigned to Company B, 1st Battalion (Airmobile), 506th Parachute Infantry Regiment as a rifleman in MOS 11B.

	d.  On 26 February 1970, he departed the RVN.

4.  On 24 September 1970, the applicant was released from active duty.  He attained the rank of specialist four/pay grade E-4 and completed 2 years of creditable active duty service.

5.  The applicant's DD Form 214 indicates he was awarded or authorized the following:

* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Machine Gun (M-60) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows all of his conduct and efficiency ratings were "excellent."  There is no evidence of any disciplinary action or other derogatory evidence in his military records.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Presidential Unit Citation (PUC) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

	b.  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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 1st Battalion, 506th Infantry Regiment, was cited in:

* Department of the Army General Orders (DAGO) Number 16, dated 1972, for award of the PUC for the period 10-21 May 1969
* DAGO Number 43, dated 1970, for award of the RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968-14 May 1969
* DAGO Number 48, dated 1971, for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968-2 May 1970

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers 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.  

10.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the CIB to Army Forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the CIB for his service in the RVN.

2.  The evidence clearly shows the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  Furthermore, it shows his unit received the PUC for heroism during his period of assignment.  Given the significance of this unit award, it is more than reasonable to presume the applicant served in active ground combat and was awarded the CIB.  Therefore, his request to show this badge on his DD Form 214 should be granted.

3.  Records show the applicant's unit was cited in general orders for award of the PUC.  Therefore, his records should be corrected to show this unit award.

4.  Records show the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

5.  The applicant's records clearly show he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four and receiving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 25 September 1968 to 24 September 1970 and

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

* Army Good Conduct Medal (1st Award)
* PUC
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* CIB



      _______ _  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)                                         AR20120012023



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ABCMR Record of Proceedings (cont)                                         AR20120012023



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