IN THE CASE OF:	  

		BOARD DATE:  10 October 2013

		DOCKET NUMBER:  AR20130002801 


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 Combat Infantryman Badge (CIB) and any other awards or decorations to which he may be entitled.

2.  The applicant states:

* he served in Vietnam in military occupational specialty (MOS) 11B (light weapons infantryman)
* he engaged enemy forces and was wounded resulting in his medical retirement

3.  The applicant provides:

* DD Form 214
* DA Form 199 (Physical Evaluation Board Proceedings)
* DA Form 8-118 (Medical Board Proceedings)
* service medical records extracts

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 30 December 1966 for a period of 3 years.  He was awarded MOS 11B.  He arrived in Vietnam on 4 June 1967.  He served in MOS 11B while assigned to Company A, 2nd Battalion, 39th Infantry, in Vietnam from 14 June 1967 until he was wounded on 12 December 1967.  He was transferred to the United States on 12 January 1968 for further medical treatment.  On 12 November 1968, he was retired in the temporary rank of specialist four and placed on the Temporary Disability Retired List (TDRL) the following day.  He completed 1 year, 10 months, and 13 days of creditable active service.

3.  His DD Form 214 shows he was awarded or authorized the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  There are no orders for the CIB in the available records.

5.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

6.  Records show he participated in one campaign during his service in Vietnam.

7.  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, 39th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in DAGO Number 59, dated 1969

8.  He was removed from the TDRL and permanently retired (40-percent disability) on 29 February 1972.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  There must have been no convictions by a court-martial.

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

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to an infantry company in Vietnam.  In addition, he was wounded in action on 12 December 1967.  Therefore, there is sufficient evidence on which to base awarding him the CIB and adding the CIB to his DD Form 214.

2.  He was honorably released from active duty in the temporary rank of specialist four with 22 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 30 December 1966 through 12 November 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He participated in one campaign during service in Vietnam that entitles him to one bronze service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this service star.

4.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected 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 Army Good Conduct Medal (1st Award) for the period 30 December 1966 through 12 November 1968; and

	b.  awarding him the CIB for action in ground combat against a hostile force in the Republic of Vietnam on 12 December 1967;

	c.  adding award of the Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil 


Actions Honor Medal First Class Unit Citation, CIB, and one bronze service star for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



      _______ _  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)                                         AR20130002801



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ABCMR Record of Proceedings (cont)                                         AR20130002801



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