IN THE CASE OF:	  

		BOARD DATE:	3 June 2014

		DOCKET NUMBER:  AR20130018191


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 the Combat Infantryman Badge (CIB).

2.  The applicant states he was assigned to Company A, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division, in military occupational specialty (MOS) 11B (Light Weapons Infantryman), as indicated on his DD Form 214.  On            1 March 1969, he was promoted from sergeant (SGT)/E-5 to staff sergeant (SSG)/E-6, and he served as a squad leader during his service in the Republic of Vietnam.

3.  The applicant provides:

* DD Form 214, for the period ending 27 August  1969
* General Orders Number 3977, issued by Headquarters (HQs), 9th Infantry Division on 4 April 1969
* General Orders Number 3872, issued by HQs, 9th Infantry Division on      1 April 1969
* General Orders Number 4163, issued by HQs, 9th Infantry Division on      7 April 1969
* General Orders Number 224, issued by HQs, 3rd Field Hospital on            5 October 1968
* General Orders Number 66, issued by HQs, 24th Evacuation Hospital on 20 March 1969

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 19 October 1967, the applicant was inducted into the Army of the United States.  He completed his initial entry training and was awarded MOS 11B.  Upon the completion of his initial entry training, he was reassigned to Fort Benning, GA for further training.

3.  On 18 June 1968, he was promoted to the rank/grade of SGT/E-5.

4.  On or about 31 August 1968, upon the completion of the Noncommissioned Officer (NCO) Candidate Course at Fort Benning, he was reassigned to the Republic of Vietnam.

5.  On or about 17 September 1968, he was assigned to Company A, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division, in the Republic of Vietnam.  

6.  On 1 March 1969, he was promoted to the rank/grade of SSG/E-6.

7.  General Orders Number 224, issued by HQs, 3rd Field Hospital on 5 October 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 4 October 1968.

8.  General Orders Number 3977, issued by HQs, 9th Infantry Division on 4 April 1969, awarded him the Silver Star for gallantry in action involving close combat with an armed hostile force on 29 December 1968.

9.  General Orders Number 3872, issued by HQs, 9th Infantry Division on 1 April 1969, awarded him the Bronze Star Medal with "V" Device for heroism in action on 20 January 1969.

10.  General Orders Number 4163, issued by HQs, 9th Infantry Division on         7 April 1969, awarded him the Army Commendation Medal for outstanding achievement during the period 1 December 1968 through 5 February 1969.

11.  General Orders Number 66, issued by HQs, 24th Evacuation Hospital on   20 March 1969, awarded him the Purple Heart (1st Oak Leaf Cluster) for wounds received in connection with military operations against a hostile force on              20 March 1969.

12.  On or about 6 April 1969, he was medically evacuated to Letterman General Hospital, Presidio of San Francisco, CA. 

13.  On 27 August 1969, he was honorably retired from the Army by reason of permanent physical disability.  His DD Form 214 shows he was awarded or authorized the following awards:

* Silver Star
* Bronze Star Medal
* Purple Heart (Oak Leaf Cluster)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

14.  His available record is void of documentation that shows he was awarded the CIB.

15.  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.  

16.  A review of his record indicates he is entitled to additional awards which are not shown on his DD Form 214.

17.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his                 DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by court-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

18.  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 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, and he/she could not have been convicted by court-martial.

19.  Special Orders Number 328, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA on 4 December 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), effective 30 November 1967.

20.  Special Orders Number 044, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA on 19 February 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), effective 2 February 1968.

21.  Special Orders Number 050, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA on 27 February 1968, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), effective 2 February 1968.

22.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following three campaigns: 

* Vietnam Counteroffensive, Phase V  (1 July 1968–1 November 1968)
* Vietnam Counteroffensive, Phase VI  (2 November 1968–29 February  1969)
* Tet 69 Counteroffensive, 1969  (23 February 1969–8 June 1969)

23.  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, Company A, 3rd Battalion, 39th Infantry Regiment, was cited for the following awards and decorations:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 July 1968 through 13 November 1968, by Department of the Army General Orders (DAGO)  Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), for the period 1 January 1969 through 30 June 1969, by DAGO  Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 19 December 1966 through 28 June 1969, by DAGO Number 43, dated 1970

24.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served with distinction in the Republic of Vietnam, where he was awarded the Silver Star, the Bronze Star Medal with "V" Device, the Army Commendation Medal, and the Purple Heart with Oak Leaf Cluster.

2.  His record is void of documentation that shows he was awarded the CIB; however, the evidence of record shows he held an infantry MOS and was assigned to an infantry battalion in the Republic of Vietnam.  He was recognized for gallantry in combat on more than one occasion; therefore, it is reasonable to presume he was, at some point, awarded the CIB despite the apparent lack of documentation in his records.  Accordingly, there is sufficient evidence to correct his DD Form 214 to he was awarded the CIB.

3.  General orders awarded him the Bronze Star Medal with "V" Device; however, his DD Form 214 does not show he was awarded a "V" Device with his Bronze Star Medal.  Therefore, it would be appropriate to correct his DD Form 214 to properly recognize this combat award.

4.  He served honorably from 19 October 1967 through 27 August 1969.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the 


Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).  These marksmanship awards are not shown on his   DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

6.  Records show he participated in three campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

7.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

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 19 October 1967 through 27 August 1969;

   b. Amending his DD Form 214 by deleting the "Bronze Star Medal" and "Vietnam Service Medal"; and

c.  Amending his DD Form 214 by adding the:

* CIB
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation




      ___________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)                                         AR20130018191



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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