IN THE CASE OF:	  

		BOARD DATE:	  6 June 2013

		DOCKET NUMBER:  AR20120019936 


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 show this award.

2.  He states he earned the CIB.

3.  He does not provide any 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 enlisted in the Regular Army on 3 July 1957.  He completed training and he was awarded military occupational specialty (MOS) 111.10 (rifleman).  He was subsequently awarded MOS 11B (light weapons infantryman).

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in item 31 (Foreign Service) he served in the following foreign service areas:

FROM
THROUGH
OVERSEAS COMMAND
20 Jan 58
19 Dec 58
Germany
21 Oct 59
9 Mar 60
Iceland
7 Jul 62
26 Jul 63
Korea
26 Sep 66
24 Jan 67
Vietnam
25 Feb 68
4 Aug 69
Germany
11 Sep 69
30 Jul 70
Korea
4.  During his service in Vietnam, he was assigned to Company C, 2nd Battalion, 18th Infantry Regiment.

5.  He continued to serve through a series of reenlistments and/or extensions.  He subsequently retired on 31 July 1977 by reason of sufficient service for retirement.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* Bronze Star Medal (BSM)
* Purple Heart
* Army Good Conduct Medal (4th Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

6.  There is no evidence of record and the applicant did not provide any evidence that shows he was awarded the CIB.

7.  General Orders Number 2861, issued by Headquarters, 1st Infantry Division, dated 4 November 1966, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on
1 November 1966.

8.  General Orders Number 3811, issued by the same headquarters, dated
26 May 1967, awarded him the BSM with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 1 November 1966.  The citation states, in part, the applicant's unit was conducting a search and destroy operation when it was suddenly engaged by a well fortified and numerically superior Viet Cong force.  The applicant exposed himself to intense hostile automatic weapons, small arms, and mortar fire as he advanced to a more advantageous firing position.  From this location, he effectively directed devastating barrages of fire into the insurgent forces.

9.  There is no evidence of record that shows the applicant was recommended for or awarded any additional BSM's.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 18th Infantry Regiment, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 by Department of the Army General Order Number 53, dated 1970.

11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

	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.  

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, 
discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he served in an infantry MOS and he was assigned to the 18th Infantry Regiment.  The orders awarding him the Purple Heart confirms he was wounded on 1 November 1966 in connection with military operations against a hostile force while assigned to 18th Infantry Regiment.  Additionally, the orders awarding him the BSM with "V" Device on 1 November 1966 further confirms he actively engaged in ground combat with the enemy while assigned to his infantry unit.  Therefore, it would be appropriate at this time to award him the CIB and to correct his DD Form 214 to show this award.

2.  The applicant's DD Form 214 for the period ending 31 July 1977 shows his award of the BSM; however, it does not reflect the accompanying "V" Device.  There is no evidence he was awarded any additional BSM's during his active duty service.  Therefore, his DD Form 214 for the period ending 31 July 1977 should be corrected accordingly.

3.  The applicant served during a qualifying period of service for entitlement to the KDSM.  Therefore, his DD Form 214 for the period ending 31 July 1977 should be corrected to show this award.

4.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit 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.  deleting from his DD Form 214 for the period ending 31 July 1977 the Bronze Star Medal;

	b.  awarding him the Combat Infantryman Badge effective 1 November 1966;

	c.  adding to his DD Form 214 for the period ending 31 July 1977 the:

* Bronze Star Medal with "V" Device
* Korea Defense Service Medal
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120019936



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ABCMR Record of Proceedings (cont)                                         AR20120019936



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