BOARD DATE:	  12 September 2013

		DOCKET NUMBER:  AR20130001866 


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 Bronze Star Medal and Combat Infantryman Badge.

2.  The applicant states these awards were not listed in his DD Form 214.

3.  The applicant provides:

* self-authored letter, undated
* Bronze Star Medal Certificate and Citation, dated 8 May 1969
* 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.  The applicant was inducted into the Army of the United States on 2 January 1968 and held military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  he served in Vietnam from 5 June 1968 to 4 June 1969 and he was assigned to Company C, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division, from 14 June 1968 to 4 June 1969;

	b.  no entry for the Combat Infantryman Badge among his awards; and

	c.  in item 40 (Wounds) that he was wounded in action and suffered fragment wounds to the right side of his head on 24 April 1969.

4.  His records do not contain orders awarding him the Combat Infantryman Badge.

5.  Headquarters, 9th Infantry Division, General Orders (GO) Number 5389, dated 8 May 1969, awarded him the Bronze Star Medal.

6.  He was honorably released from active duty on 12 December 1969.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Bronze Star
* Vietnam Service Medal with three bronze service stars
* Vietnamese Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Mortar Bar (81 millimeter)

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

	a.  During the Vietnam War, the Combat Infantryman Badge was awarded to infantry officers and to enlisted and warrant officer persons who held 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and 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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)

8.  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 Company C, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period:

* 1 December 1966 to 30 June 1968 in Department of the Army General Orders (DAGO) Number 31, dated 1969
* 1 July 1968 to 13 November 1968 in DAGO Number 13, dated 1969
* 1 January 1969 to 30 June 1969 in DAGO Number 59, dated 1969

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 in DAGO Number 59, dated 1969

9.  Department of the Army Pamphlet 672-3 further states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  In the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records.


DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  The evidence of record shows he served in an infantry battalion, held an infantry MOS, and was wounded in action.  As such, it appears he met the criteria for award of the Combat Infantryman Badge.  Therefore he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show it.

3.  The evidence of record shows he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  GO awarded his unit in Vietnam three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his the period of service.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 Combat Infantryman Badge for action on 24 April 1969;

	b.  deleting award of the Vietnam Service Medal with three bronze service stars from his DD Form 214; and


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

* Bronze Medal Star
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* 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)                                         AR20130001866



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ABCMR Record of Proceedings (cont)                                         AR20130001866



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