IN THE CASE OF:  	  

		BOARD DATE:  4 September 2014	  

		DOCKET NUMBER:  AR20140001693 


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 that he be awarded the Combat Infantryman Badge (CIB), three Presidential Unit Citations (PUC), and all other awards he may be entitled to receive.

2.  The applicant states that he should have been awarded the CIB based on being awarded the Bronze Star Medal with “V” Device and Purple Heart.  He also states that he should have received three PUCs.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and two news articles.

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 enlisted in the Regular Army under the airborne enlistment option on 30 December 1966 for a period of 3 years.  He completed basic training at Fort Dix, New Jersey, advanced individual training as an infantryman at Fort Gordon, Georgia, and airborne training at Fort Benning, Georgia.  On
8 July 1967, he was transferred to Vietnam for assignment to Company B, 
4th Battalion, 503rd Infantry Regiment.

3.  On 6 November 1967, he was wounded in action and was evacuated for treatment.  He departed Vietnam on 3 April 1968 for assignment to Fort Bragg, North Carolina.  On 18 August 1969, he was transferred to Fort Benning, Georgia for assignment to the Ranger Battalion.

4.  On 15 December 1969, he was honorably released from active duty (REFRAD).  He had served 2 years, 11 months, and 16 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal with Device 1960, Bronze Star Medal with “V” Device, Purple Heart, and Parachutist Badge.

5.  A review of his official records shows he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals, combat badges, unit decorations.  It provides that   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.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  There must have been no convictions by a court-martial.


8.  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 Presidential Unit Citation (PUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit. 
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant met the requirements for award of the CIB and it should have been awarded no later than 6 November 1967, while serving in the rank of private first class (PFC).  Accordingly, it should be awarded at this time and his DD Form 214 should be corrected to show this award.

2.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His records do not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).  Therefore, he should be awarded the AGCM (1st Award) for the period 30 December 1966 through 15 December 1969 and his DD Form 214 should be corrected to show this award.

3.  His unit in Vietnam was cited for award of the PUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The applicant’s contention that he should be awarded three PUCs has been noted and appears to lack merit.  The applicable pamphlet shows his unit was awarded one PUC during the period he was assigned and thus he is only entitled to wear one PUC.

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:

* Awarding him the CIB effective 6 November 1967 while serving in the rank of PFC 
* Awarding him the AGCM (1st Award) for the period 30 December 1966 through 15 December 1969
* Adding the CIB, AGCM (1st Award), PUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
 
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 adding three awards of the PUC to his DD Form 214.  

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20140001693



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ABCMR Record of Proceedings (cont)                                         AR20140001693



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