BOARD DATE:	  22 January 2013

		DOCKET NUMBER:  AR20120012779 


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) for the period 28 August 1968 through 27 May 1970 to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states he held an infantry military occupational specialty (MOS) and performed several missions where he came under enemy fire.  He believes the CIB was omitted from his DD Form 214 due to clerical oversight.

3.  The applicant provides his DD Form 214.

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.  His military records show he was inducted into the Army of the United States on 28 August 1968.  He was awarded MOS 11B (Light Weapons Infantryman) and the highest rank he held was staff sergeant/pay grade E-6.

3.  General Orders Number 2374, published by Headquarters, 25th Infantry Division, dated 27 February 1970, show he was assigned to Company D, 2nd Battalion, 12th Infantry, 25th Infantry Division, when he was awarded the Army Commendation Medal (2nd Award) for meritorious achievement during the period 1 December 1969 through 31 January 1970.

4.  On 27 May 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed a total of 1 year and 9 months of active service.

5.  The DD Form 214 he was issued for this period shows he served in Vietnam during the period 19 August 1969 through 27 May 1970.  It further shows the:

* National Defense Service Medal
* Purple Heart 
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Air Medal
* Bronze Star Medal with "V" Device
* Army Commendation Medal with "V" Device and Oak Leaf Cluster
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  His record is void of orders or other documents that indicate he was recommended for or awarded the CIB by proper authority.

7.  A DA Form 2-1 (Personnel Qualification Record) covering his later U.S. Army Reserve and Army National Guard service lists the CIB and Army Good Conduct Medal (1st Award) for the period 28 August 1968 through 27 May 1970 among his awards and decorations.

8.  A U.S. Army Reserve Components Personnel and Administration Center letter, dated 10 November 1972, states the applicant's official records show he was entitled to the CIB for satisfactory service in active ground combat, effective 2 December 1969.  The official statement from the Office of the Adjutant General confirming his entitlement to the CIB was furnished on 10 November 1972.  

9.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 1 June 1988 lists the CIB and Army Good Conduct Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides that 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.

11.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the following campaigns:

* Vietnam Summer - Fall 1969 (9 June-31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive (1 May-30 June 1970)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Company D, 2nd Battalion, 12th Infantry, 25th Infantry Division, was awarded the following during his assignment to the unit:

* RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968-30 September 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967-21 January 1970

DISCUSSION AND CONCLUSIONS:

1.  There are no available orders showing he was awarded the CIB.  However, his records contain a U.S. Army Reserve Components Personnel and Administration Center, Office of the Adjutant General letter stating he was entitled to the CIB.  His NGB Form 22 and DA Form 2-1 list the CIB.  As such, it would be appropriate to add this badge to his DD Form 214.

2.  His NGB Form 22 lists the Army Good Conduct Medal.  His DA Form 2-1 shows this award covered the period on his DD Form 214 in question.  Therefore, he is entitled to have this medal added to his DD Form 214.

3.  He participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for his participation.
4.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 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.  deleting from his DD Form 214 the Vietnam Service Medal; and

	b.  adding to his DD Form 214 the:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20120012779



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ABCMR Record of Proceedings (cont)                                         AR20120012779



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