IN THE CASE OF:	  

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130017796 


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 Presidential Unit Citation.

2.  The applicant states he served with Company D, 4th Battalion, 12th Infantry Regiment, and they were awarded the Presidential Unit Citation for actions during the period 5 to 10 May 1968 while he was assigned to the company.

3.  The applicant provides no additional evidence.

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.  On 15 March 1967, he was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 16 January 1968, he was assigned as a light weapons infantryman to Company E, 4th Battalion, 12th Infantry Regiment, 199th Light Infantry Brigade, in the Republic of Vietnam.  On 1 February 1968, he was reassigned to Company D, 4th Battalion, 12th Infantry Regiment, 199th Light Infantry Brigade.  On 7 May 1968, he was wounded as a result of hostile action.  On 27 May 1968, he was reassigned to the Medical Holding Detachment, U.S. Army Hospital, Fort Carson, CO.

4.  Headquarters, 199th Infantry Brigade, General Orders Number 1034, dated 20 August 1968, awarded him the Bronze Star Medal with "V" Device for heroism in connection with ground operations against an armed hostile force in the Republic of Vietnam on 6 May 1968 while assigned to Company D, 4th Battalion, 12th Infantry Regiment, 199th Light Infantry Brigade.  The citation reads, in part:

Persisting in his valiant efforts to destroy the determined enemy force, he engaged the insurgents, placing withering automatic weapons fire upon the entrenched Viet Cong and killing four soldiers.

5.  On 5 June 1969, he was retired by reason of temporary disability and he was placed on the Temporary Disability Retired List (TDRL) the following day.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal

6.  Department of the Army General Orders Number 60, dated 17 October 1969, awarded the Presidential Unit Citation to Company D, 4th Battalion 12th Infantry Regiment, 199th Infantry Brigade, and attached units who distinguished themselves by extraordinary heroism during the period 5 to 10 May 1968 while engaged in military operations against a hostile force in the Republic of Vietnam. 
The unit citation reads, in part:

Throughout the prolonged period of savage fighting the men of Company D by their relentless determination, undaunted courage and aggressive spirit performed countless acts of heroism as they defeated enemy forces with numerically superior automatic weapons, small arms, mortar and rocket fire.

7.  Effective 31 May 1972, he was removed from the TDRL and permanently retired by reason of disability at the rate of 30 percent.

8.  On 12 June 2001, the Chief, Military Awards Branch, U.S. Army Human Resources Command, issued a DD Form 215 (Correction to DD Form 214) adding the award of the Purple Heart to his DD Form 214 for the period ending 5 June 1969.

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

	a.  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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated 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.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

	c.  Table B-1 includes, in part, the following Vietnam campaigns:

* Vietnam Counteroffensive Phase III – 1 June 1967-29 January 1968
* Tet Counteroffensive – 30 January-1 April 1968
* Vietnam Counteroffensive Phase IV – 2 April-30 June 1968

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.

	a.  During the period he was assigned to the 4th Battalion, 12th Infantry Regiment, the unit was awarded the:

* Valorous Unit Award for the period 31 January-19 February 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966-31 August 1970

	b.  During the period he was assigned to Company D, 4th Battalion, 12th Infantry Regiment, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5-19 February 1968.

DISCUSSION AND CONCLUSIONS:

1.  Based on his service with Company D, 4th Battalion, 12th Infantry Regiment, he is authorized the following awards:

* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant's award of the Bronze Star Medal with "V" Device and his unit's award of the Presidential Unit Citation show he served in active ground combat in an infantry MOS while assigned to an infantry company.  Therefore, he should be awarded of the Combat Infantryman Badge.

3.  He participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.

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 effective 6 May 1968,

	b.  deleting award of the Vietnam Service Medal with one bronze service star from his DD Form 214 for the period ending 5 June 1969, and

	c.  adding the following awards to his DD Form 214 for the period ending 5 June 1969:

* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20130017796



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ABCMR Record of Proceedings (cont)                                         AR20130017796



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