IN THE CASE OF:	  

		BOARD DATE:  27 February 2014

		DOCKET NUMBER:  AR20130010578 


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.  The applicant states he was an ammunition bearer and machine gunner with Company D, 2d Battalion, 18th Infantry Regiment, in Vietnam and he participated in many firefights.  He transferred to Long Binh, Vietnam, as a security guard until his discharge and he thinks he deserves the CIB.

3.  The applicant provides copies of his DD Form 214 and orders awarding him the Army Commendation Medal (ARCOM) with "V" Device.

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 24 October 1967.  He completed basic training at Fort Campbell, Kentucky, and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana, before being transferred to Vietnam on 20 April 1968 for assignment to Company D, 2d Battalion, 18th Infantry Regiment, as a rifleman.

3.  On 23 August 1968, General Orders Number 8938 issued by Headquarters, 1st Infantry Division, awarded the applicant the ARCOM with "V" Device for heroism in action in the Republic of Vietnam on 9 June 1968.

4.  On 14 November 1968, he transferred to the U.S. Army Depot Long Binh for duty as a security guard.  After participating in five campaigns, he departed Vietnam on 27 May 1969.  He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 29 May 1969 as an overseas returnee.  He completed 1 year, 7 months, and 6 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded or authorized the National Defense Service Medal, Vietnam Campaign Medal, ARCOM, and Vietnam Service Medal (VSM).

5.  A review of his official records shows he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals, combat badges, unit decorations.

	a.  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.

	b.  Paragraph 2-13 contains the regulatory guidance for award of the VSM.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  One silver service star is worn in lieu of five bronze service stars.

7.  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.  There must have been no convictions by a court-martial.

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 the applicant's units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Meritorious Unit Commendation (MUC).
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant was serving as an infantryman in an infantry unit when he was cited for award of the ARCOM with "V" Device for heroism in connection with military operations against a hostile force in Vietnam which is sufficient evidence to show he was authorized award of the CIB.  Therefore, he should be awarded the CIB and his DD Form 214 should be corrected to show this award.

2.  The applicant's DD Form 214 shows his award of the ARCOM; however, it does not reflect that it contains a "V" Device.  Accordingly, his DD Form 214 should be corrected to show award of the ARCOM with "V" Device.

3.  The applicant participated in five campaigns in Vietnam and is entitled to wear one silver service star on his VSM.  Accordingly, his DD Form 214 should be corrected to reflect one silver service star.

4.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His records do not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.  Therefore, he should be awarded the AGCM (1st Award) for the period 24 October 1967 through 29 May 1969 and his DD Form 214 should be corrected to show this award.

5.  His units in Vietnam were cited for award of the MUC, 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.  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:

1.  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:

* awarding him the AGCM (1st Award) for the period 24 October 1967 through 29 May 1969
* awarding him the CIB effective 9 June 1968
* deleting award of the ARCOM and VSM from his DD Form 214
* adding the following awards to his DD Form 214 –

* ARCOM with "V" Device
* AGCM (1st Award)
* VSM with one silver service star
* MUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* CIB

2.  The Board wants the applicant and all others to know 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)                                         AR20130010578



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ABCMR Record of Proceedings (cont)                                         AR20130010578



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