IN THE CASE OF:	  

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130019263 


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 a second reconsideration of his initial request for 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 and served in D Company, 1st Battalion, 8th Infantry, 4th Infantry Division, in Vietnam from August 1967 to September 1968.  He states his unit was engaged in active ground combat during his time in the field between September 1967 and April 1968.  He actively participated in ground combat with this unit several times including 19 November 1967, 4 December 1967, and 7 January 1968.  He states the affidavit he provides is from an eyewitness to his account.

3.  The applicant provides a sworn affidavit from a former unit member at the time and that individual's DD Form 214, DD Form 215 (Correction to DD Form 214), and CIB orders.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous considerations of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110012270, on 1 December 2011 and Docket Number AR20120019811, dated 4 June 2013.

2.  The applicant's elected representative requests an exception to policy for a second reconsideration because the affidavit from a former unit member was not previously available to the applicant to provide for the Board's consideration.  Therefore, the restriction on reconsideration is waived and the affidavit is considered new evidence that warrants consideration by the Board.

3.  He was inducted into the Army of the United States on 16 February 1967.  He held military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  The highest rank/grade he held while serving on active duty was specialist four/E-4.

4.  Headquarters, 4th Infantry Division, General Orders Number 4257, dated 1 August 1968, awarded the applicant the Army Commendation Medal for meritorious service from August 1967 to August 1968.

5.  On 20 September 1968, he was honorably released from active duty as an overseas returnee.

6.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Company and Company D, 1st Battalion, 8th Infantry, 4th Infantry Division, in Vietnam performing duties as an infantry indirect fire crewman during the period 7 July 1967 to 18 September 1968
* item 38, he received all "excellent" conduct and efficiency ratings

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not include an annotation showing he was entitled to the CIB.  Additionally, his record is void of orders awarding him the CIB.

8.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)

9.  He provides an affidavit from a former unit member at the time.  He also provides copies of that individual's DD Form 214, DD Form 215, and CIB orders (dated 17 December 1967).  This individual states he recalls three instances where he has vivid memories of the applicant being in the field with him.  The first was on a convoy when moving from an area of operations back to base camp at Pleiku (en route to Dak To, at the beginning of a battle), which is when he first met the applicant.  A second was on 4 December 1967, when they were operating in an area southwest of Dak To, in Kontum Province.  He states they ran a platoon-sized sweep in front of their position.  When returning from the patrol, multiple Soldiers were injured when a grenade exploded on the belt of one of the Soldiers in front of him.  On 7 January 1968, they were operating again southwest of Dak To and involved in what they had been told was a pursuit action following a North Vietnamese Army unit.  Their squad leader, Staff Sergeant (SSG) HFL, had taken the point position in the file.  As they neared the top of a rise, SSG HFL was hit by the opening burst from a sniper to their right front.  The applicant and he were some 10-15 meters behind SSG HFL when the shooting started.  They all took cover, as returning fire was difficult in the thick bamboo.  As the afternoon wore on, they tried to maneuver into position to defeat the sniper and recover SSG HFL, who was lying in the middle of the trail, severely wounded and crying out each time the sniper shot him.  (It is noted that a review of the Vietnam casualty roster revealed a SSG EFL, MOS 11C was killed on 7 January 1968.)

10.  Army Regulation 600-8-22 (Military Awards) states 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.

11.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

12.  His records are void of any orders or other documents that indicate he was awarded the Army Good Conduct Medal (AGCM) by proper authority.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following 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)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 8th Infantry, 4th Infantry Division, was awarded the following during his assignment to the unit:

* Presidential Unit Citation for the period 29 October-30 November 1967 for extraordinary heroism in action against a hostile force in the Dak To District Kontum Province during 33 days of violent, sustained combat
* RVN Gallantry Cross with Palm Unit Citation for the period October 1966-28 July 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966-31 October 1969

DISCUSSION AND CONCLUSIONS:

1.  He was assigned to an infantry unit and served in MOS 11C during the period he was in the Republic of Vietnam.  A former unit member describes instances in an affidavit when he was aware of the applicant's participation in active ground combat with the enemy during the period from December 1967 to January 1968.  He stated he personally served in the same squad with the applicant during this period.  

2.  The applicant's unit was awarded the Presidential Unit Citation for the period 29 October-30 November 1967 for extraordinary heroism in action against a hostile force in the Dak To District Kontum Province during 33 days of violent, sustained combat.  There is no evidence that the applicant was anywhere other than with his assigned unit at the time they were engaged in the above combat.  Therefore, there is sufficient evidence to indicate in all probability he was personally present and actively engaged in ground combat with the enemy.  Therefore, based on the available evidence, it would be appropriate to add the CIB to his DD Form 214.

3.  General orders awarded him the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

4.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  The fact that he was awarded an Army Commendation Medal and held the rank of specialist four demonstrates his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 16 February 1967 through 20 September 1968 and to add this award to his DD Form 214.

5.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded VSM with four bronze service stars.

6.  His units were awarded the Presidential Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation during his service with those units in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 amendment of the ABCMR’s decision in Docket Number AR20110012270, dated 1 December 2011, and Docket Number AR20120019811, dated 4 June 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding him the AGCM (1st Award) for the period 16 February 1967 through 20 September 1968;

	b.  deleting the VSM from his DD Form 214; and


	c.  adding the following awards to his DD Form 214:

* CIB
* AGCM (1st Award)
* VSM with four bronze service stars
* Presidential Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20130019263



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130019263



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1