IN THE CASE OF:	  

		BOARD DATE:	  14 May 2013

		DOCKET NUMBER:  AR20120019947 


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

2.  The applicant states that his awards of the CIB and PUC were not added to his DD Form 214.

3.  The applicant provides no additional documents with his application.

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 9 August 1966 for a period of 3 years.  He completed his basic training at Fort Leonard Wood, Missouri, his advanced individual training as a light weapons infantryman at Fort Gordon, Georgia, and his airborne training at Fort Benning, Georgia before being transferred to Vietnam on 15 February 1967.

3.  He was assigned to Company B, 2nd Battalion, 503th Infantry Regiment for duty as a rifleman and then as a team leader.  He was advanced to the pay grade of E-5 on 1 October 1967.

4.  On 14 November 1967, the applicant was wounded (laceration of palm of left hand) in action when his unit engaged a hostile force in a firefight.  He was treated for his wounds and was awarded the Purple Heart on 7 December 1967.

5.  After participating in three campaigns, he departed Vietnam on 6 February 1968 for assignment to Fort Bragg, North Carolina where he remained until he was honorably released from active duty (REFRAD) on 9 May 1969 as an early out for police work.  He had served 2 years, 9 months, and 1 day of active service and was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Purple Heart, Army Commendation Medal, Bronze Star Medal, and the Parachutist Badge. 

6.  On 16 February 2001, the National Personnel Records Center in St. Louis, Missouri issued the applicant a DA Form 1577 (Authorization for Issuance of Awards) authorized him the Army Good Conduct Medal (AGCM) set.

7.  A review of his official records shows that he had “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.

8.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  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.

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.  

10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  He had participated in three campaigns.

11.  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 that the applicant’s unit was awarded the PUC, the Meritorious Unit Commendation (MUC), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the CIB was omitted from his DD Form 214 has been noted and appears to have merit.  The applicant was an infantryman serving in an infantry unit when he was wounded in enemy action.  Accordingly, he met all of the requirements for award of the CIB and it is reasonable to presume that it was awarded.  Therefore, it should be added to his DD Form 214 at this time.

2.  The applicant was issued a medal set for the AGCM and he met all of the requirements for that award.  Accordingly, it should be added to his DD Form 214.

3.  The applicant also served in three campaigns in Vietnam and is entitled to have three bronze service stars added to his Vietnam Service Medal.

4.  Additionally, his unit was awarded the PUC, MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and is entitled to have those awards added to his DD Form 214.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1. 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:

* Deleting the award of the Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with three bronze service stars, CIB, AGCM, PUC, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
 
2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20120019947





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ABCMR Record of Proceedings (cont)                                         AR20120019947



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