IN THE CASE OF:	

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130018228 


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 Bronze Star Medal (BSM).  In addition, he requests award of the Combat Infantryman Badge (CIB).

2.  He states he was assigned as an infantryman in Vietnam from November 1968 to November 1969 and, therefore, he believes he is entitled to the CIB.

3.  He provides his DD Form 214 and BSM citation.

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 1968.  After completing basic and advanced individual training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam (RVN) from 26 November 1968 to 
27 November 1969 and was assigned to A Company, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.  He was honorably released from active duty on 17 June 1970 and credited with 2 years of active duty service.

3.  His DD Form 214 shows the following awards:

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM) with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  His record is void of any evidence that shows he was assigned to a unit that was engaged in active ground combat and that he actively participated in that ground combat.  Additionally, his military service records do not contain any orders awarding him the CIB.

5.  General Orders Number 10984, issued by Headquarters, 25th Infantry Division, dated 29 August 1969, awarded the applicant the BSM for meritorious service in connection with military operations against a hostile force in the RVN from November 1968 to November 1969.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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.  

7.  Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign.  His record indicates he participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served Vietnam.  This pamphlet shows the 2nd Battalion, 27th Infantry Regiment was cited for the RVN Gallantry Cross with Palm Unit Citation for the period September 1968 through September 1970 by Department of the Army General Orders (DAGO) Number 5, dated 1973, and the RVN Civil Actions Honor Medal First Class Unit Citation for the period January 1966 through August 1968 by DAGO Number 1, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders verify the applicant was awarded the BSM for meritorious service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Although the applicant's record shows he served in an infantry MOS and he was assigned to an infantry unit, there is no evidence of record that confirms he was personally present and participated in active ground combat while assigned to A Company, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.

3.  A Soldier serving in an infantry MOS in an infantry unit alone is insufficient to warrant award of the CIB.  In all cases, the burden of proof rests with the applicant to submit substantiating proof of entitlement for awards in the absence of evidence in his or her records.  The applicant did not provide any documentation and his records do not contain any evidence to support or clearly show that he was personally present and participated in active ground combat during his service in Vietnam.

4.  The evidence of record shows he is entitled to the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The evidence also shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars; and 
   
b. adding to his DD Form 214 the :

* Bronze Star Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the 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)                                         AR20130018228





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018228



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1