BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130013145 


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 is providing his DA Form 20 (Enlisted Qualification Record) to show he served as a combat infantryman in Vietnam in 1969 to 1970.

3.  The applicant provides his DA Form 20.

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 18 June 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 13 November 1969 to 4 January 1970 while assigned from:
* 13 November to 21 December 1969, Company D, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division (ID) in MOS 11B
* 22 December 1969 to 4 January 1970, 12th Evacuation Hospital in a patient status

3.  General Orders (GO) Number 346, dated 22 December 1969, issued by Headquarters (HQ), 12th Evacuation Hospital, awarded him the Purple Heart for wounds received in action in connection with military operations against a hostile force on 21 December 1969. 

4.  He was medically evacuated from Vietnam and on or about 5 January 1970 he was assigned in a patient status to the 106th General Hospital, Japan.

5.  His records contain a Western Union Telegram, dated 5 January 1970, wherein his parents were notified he was wounded in action on 21 December 1969 by fragments, while on a military mission, when a hostile force was encountered.  It stated he received wounds to his forehead, left arm, and both legs and on 3 January 1970 surgical amputation of his left leg was performed.  

6.  GO Number 271, dated 9 January 1970, issued by HQ, 25th ID, awarded him the Army Commendation Medal with "V Device for heroism in connection with military operations against a hostile force.  These orders cited the following reasons:

[Applicant] distinguished himself by heroic actions on 7 December 1969 while serving with Company D, 2nd Battalion, 14th Infantry in the Republic of Vietnam.  While on a combat operation, elements of Company D came in contact with a large enemy force.  Immediately, [Applicant] began placing devastating fire on the hostile positions.  With complete disregard for his own safety, [Applicant] continued to place effective fire on the enemy until they broke contact.  His valorous actions contributed immeasurably to the success of the mission.  [Applicant's] bravery and devotion to duty are in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, the 25th ID, and the United States Army.

7.  He was honorably retired on 10 June 1970 by reason of permanent physical disability.  He completed 11 months and 23 days of creditable active service with no lost time.

8.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows award of the:
* National Defense Service Medal 
* Vietnam Service Medal
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

10.  Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified as expert with the M-60 machine gun and his last qualification with the M-16 rifle was on 11 September 1969 when he qualified as marksman.

11.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  

12.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of several periods of continuous enlisted active Federal military service qualifies for first award only, including upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty.

   b.  Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

	c.  Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in one campaign.

13.  Department of the Army (DA) 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, 14th Infantry Regiment, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970, by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1966 through 21 January 1970, by DAGO Number 51, dated 1971

14.  Army Regulation 600-8-22 provides that 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant held an infantry MOS while assigned to an infantry unit in Vietnam.  His award of the Army Commendation Medal with "V" Device for heroism in action against a hostile force on 7 December 1969 and award of the Purple Heart for wounds received in action confirm he served in active ground combat in Vietnam.  Therefore, there is sufficient evidence showing he met the criteria for award of the Combat Infantryman Badge and for correction of his DD Form 214 to show this badge.  

2.  The evidence of record confirms he served honorably from 18 June 1969 to 10 June 1970.  He served with distinction in Vietnam, received all “excellent” conduct and efficiency ratings throughout his service, and was medically retired for wounds received in action prior to the completion of 1 year of service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  In addition, his award of the Army Commendation Medal with "V" Device is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

4.  His record confirms during his service in Vietnam he participated in one campaign and he served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Campaign Medal with Device (1960).

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

6.  His record shows he qualified as expert with the M-60 machine gun and marksman with the M-16 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  

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:

* awarding him the Combat Infantryman Badge effective 7 December 1969
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 18 June 1969 through 10 June 1970
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar
(M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   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)                                         AR20130013145





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ABCMR Record of Proceedings (cont)                                         AR20130013145



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