IN THE CASE OF:	   

		BOARD DATE:	  27 March 2014

		DOCKET NUMBER:  AR20130012965 


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.

2.  He states he was awarded the badge in Vietnam in 1969/1970.

3.  He provides no additional documents.

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.  After having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer on 15 April 1969 with a concurrent call to active duty.  
3.  His DA Form 66 (Officer Qualification Record) shows in:

	a.  Item 9 (Military Occupational Specialties) he was awarded specialty 1542 (Infantry Unit Commander) on 15 April 1969.

	b.  Item 17 (Foreign Service) he served in Vietnam from 9 October 1969 through 27 September 1970.

	c.  Item 18 (Record of Assignments) he was assigned to Company A, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division and Military Assistance Command, Vietnam (MACV) during his tour in Vietnam.

	d.  Item 18, he performed duties as a Weapons Platoon Leader in specialty number 1542 and Assistant District Advisor in specialty G2162.

	e.  Item 21 (Awards and Decorations) the entry "CIB" and the authority Special Orders 30 published by the 25th Infantry Division, U.S. Army Pacific on 30 January 1970.  

4.  His service record does not include orders for award of the Combat Infantryman Badge.

5.  He was released from active duty on 14 April 1972.  His DD Form 214 issued for this period shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Bronze Star Medal
* Air Medal

6.  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 unit to which the applicant was assigned was cited for award of the:

	a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971.

	b.  Meritorious Unit Commendation for the period 1 November 1968 to 30 June 1970 by DAGO Number 51, dated 1971.
	c.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973.

7.  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.  

8.  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.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Summer - Fall 1969, Vietnam Winter - Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed infantry training and he was awarded specialty number 1542.  He was assigned to Company A, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division during his tour of duty in Vietnam.  

2.  Although his service record is void of orders which show he was awarded the Combat Infantryman Badge, his DA Form 66 shows he was awarded the Combat Infantryman Badge by Special Orders 30, 25th Infantry Division on 30 January 1970.  This evidence is accepted as a basis for adding this badge to his DD Form 214.

3.  During his assignment in Vietnam, his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  He participated in four campaigns during his service in Vietnam that entitles him to four 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.




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 the Vietnam Service Medal from his DD Form 214 for the period ending 14 April 1972; and
   
   b.  amending his DD Form 214 for the period ending 14 April 1972 to add award of the Combat Infantryman Badge, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with four bronze service stars.




      _______ _   _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)                                         AR20130012965





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ABCMR Record of Proceedings (cont)                                         AR20130012965



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