BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120021760 


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.

2.  The applicant states he was in the 173rd Airborne Brigade and he was wounded on 30 January 1968, the first day of the Tet Offensive.

3.  The applicant provides copies of:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to 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.  Evidence of record and background information:

	a.  On 10 June 1965, the applicant enlisted in the Regular Army.  He completed his initial training and he was awarded military occupational specialty (MOS) 11H2P (Infantryman Direct Fire Crewman with parachutist qualification).

	b.  On 26 April 1967, the applicant departed Fort Bragg, NC for duty in Vietnam.

	c.  On 5 June 1967, the applicant was assigned for duty with 4th Battalion (Airborne), 503rd Infantry Regiment.

	d.  General Orders Number 2035, issued by Headquarters, 173rd Airborne Brigade, dated 3 August 1968, award the applicant the Bronze Star Medal with "V" Device for his heroism in connection with military operations against a hostile force in Vietnam on 30 January 1968.

	e.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) indicates he received multiple fragment wounds to both legs on
30 January 1968.

	f.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings during his active duty service.

	g.  On or about 7 February 1968, the applicant departed Vietnam in a patient status and he was subsequently reassigned to the Medical Holding Company, U.S. Army Hospital, Fort Campbell, KY.

	h.  On 8 April 1968, the applicant was honorably released from active duty by reason of completion of hospitalization.  He attained the rank/grade of specialist four (SP4)/E-4.  He completed 2 years, 9 months, and 29 days of total active service.

	i.  The DD Form 214 he was issued at the time, as corrected by a DD Form 215 (Correction to DD Form 214), dated 18 July 1988, shows he was awarded or authorized the:

* Bronze Star Medal with "V" Device
* Purple Heart
* National Defense Service Medal


* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle (M-16) and Recoilless Rifle Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

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

	a.  The Combat Infantryman Badge 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.  

	b.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

4.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.

5.  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 4th Battalion, 503rd Infantry Regiment, was cited for award of the:


* Presidential Unit Citation for the period 6-23 November 1967 by Department of the Army General Order (DAGO) Number 2, dated 1982
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded an infantryman MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned to Vietnam.  Furthermore, his awards of the Bronze Star Medal for valor and the Purple Heart clearly show he served in combat.  Therefore, it would be appropriate at this time to award him the Combat Infantryman Badge for service on 30 January 1968 and to correct his DD Form 214 to show this award.

2.  Records show the applicant participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  The applicant’s unit was cited for award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Records show the applicant distinguished himself in the performance of his military service as evidenced by his attaining the rank/grade of SP4/E-4, receiving the Bronze Star Medal for Valor, and achieving all "excellent" conduct and efficiency ratings through his service.  It appears that as a result of an administrative error, he was not awarded the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 10 June 1965 through 8 April 1968 and his
DD Form 214 should be corrected 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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
10 June 1965 through 8 April 1968;

	c.  awarding him the Combat Infantryman Badge effective 30 January 1968; and

	d.  adding to his DD Form 214 the:

* Presidential Unit Citation
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120021760



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ABCMR Record of Proceedings (cont)                                         AR20120021760



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