BOARD DATE:	  1 July 2014

		DOCKET NUMBER:  AR20130018872 


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 (CIB).

2.  The applicant states that the award of the CIB is not reflected on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and an after action report for his unit's actions on 10 July 1967.

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 26 September 1966.  He completed basic training at Fort Ord, California, and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana, before being transferred to Vietnam on 8 March 1967.  He was initially assigned to Company E, 3rd Battalion, 7th Infantry Regiment, and he was transferred to Company B of the same battalion on 8 April 1967.  He was promoted to the rank of sergeant on 29 February 1968.

3.  He participated in three campaigns and departed Vietnam on 5 March 1968 for assignment to Fort Campbell, Kentucky, where he remained until he was honorably released from active duty on 25 September 1968.  He completed 2 years of active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, one overseas service bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  A review of the available records failed to show evidence indicating he was awarded the CIB.  However, the after-action report provided by the applicant shows the applicant was a member of an ambush party on 10 July 1967 that encountered enemy resistance and resulted in casualties.  He was armed with an M-16 rifle equipped with a starlight scope (first generation night vision device).

5.  His records show he received all "excellent" conduct and efficiency ratings throughout his service and are void of any derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal.

6.  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 the 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.

7.  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.

8.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal, including the Vietnam Service Medal.

9.  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 applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders present in the available records to show he was awarded the CIB, the available evidence shows the applicant was serving as an infantryman in an infantry unit in Vietnam and he participated in combat operations that engaged the enemy on 10 July 1967.  Therefore, it is reasonable to presume that he was, in fact, awarded the CIB.  Therefore, the CIB should be added to his DD Form 214 at this time.

2.  The applicant met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 26 September 1966 to 25 September 1968.  Accordingly, it should be awarded at this time and added to his DD Form 214.

3.  The applicant participated in three campaigns in Vietnam and is authorized three bronze service stars with his already-awarded Vietnam Service Medal.  Therefore, these service stars should be added to his DD Form 214.

4.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit; therefore, he is entitled to have these unit awards added to his DD Form 214.

5.  Further, his DD Form 214 current shows one overseas service bar.  He is eligible for two and his DD Form 214 should be amended accordingly.

BOARD VOTE:

___X_____  __X______  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 26 September 1966 to 25 September 1968
* deleting award of the Vietnam Service Medal and one overseas service bar from his DD Form 214
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Two overseas service bars



      ___________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)                                         AR20130018872



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ABCMR Record of Proceedings (cont)                                         AR20130018872



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