IN THE CASE OF:	   

		BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140002042 


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 (Report of Separation from Active Duty) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states he is entitled to award of the CIB based on his service in Vietnam as an infantry Soldier.

3.  The applicant provides his Purple Heart (PH) orders and two DD Forms 214.

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 on 12 October 1967 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3.  He served in Vietnam from 1 April 1968 to 28 March 1969.  During his tour of duty he was assigned to the 3rd Battalion (Airborne), 506th Infantry, from 8 April 1968 to 23 March 1969.

4.  General Orders Number 3518, dated 19 April 1969, issued by Headquarters, 101st Airborne Division, Vietnam, awarded him the PH for wounds received in action in Vietnam on 8 July 1968.

5.  He was honorably released from active duty on 25 September 1969 for the purpose of immediate reenlistment.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal (NDSM), Republic of Vietnam (RVN) Campaign Medal with Device (1960), Vietnam Service Medal (VSM), and two Overseas Service (OS) Bars.

6.  He reenlisted in the Regular Army on 26 September 1969 and he was honorably discharged on 25 September 1975.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* NDSM
* VSM with one silver service star
* RVN Campaign Medal with Device (1960)
* OS Bar (2)
* Armed Forces Expeditionary Medal (AFEM) (Korea)
* Army Good Conduct Medal (AGCM) (1st Award) 
* Bronze Star Medal (BSM)
* PH

7.  There is no derogatory information in his file that would have disqualified him from receiving a second award of the AGCM.

8.  Army Regulation 600-8-22 (Military Awards) provides that:

	a.  The CIB is awarded to infantry officers, 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.

	b.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

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 3rd Battalion, 506th Infantry, was cited for award of the:

	a.  RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the Army General Order Number (DAGO) 43, dated 1970; and

	b.  RVN Civil Actions Honor Medal First Class Unit Citation for the period 
18 May 1968 through 30 May 1970 by DAGO 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he held an infantry MOS and was assigned to an infantry unit.  His award of the PH for wounds received on 8 July 1968 is sufficient to support that he served in active ground combat while engaging the enemy in Vietnam.  Therefore, he is entitled to award of the CIB and correction of his DD Form 214 to show this badge.

2.  His unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  His record is void of orders awarding him a second AGCM.  A review of his military service record did not reveal any disciplinary action or a commander's disqualification for award of the AGCM during his active duty enlisted service.  Therefore, it would be appropriate to award the AGCM (2nd Award) for the period 12 October 1970 through 11 October 1973.

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 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 (2nd Award) for the period 12 October 1970 through 11 October 1973 and the Combat Infantryman Badge effective 18 July 1968; and

   b.  deleting from his DD Form 214, effective 25 September 1975, the Army Good Conduct Medal (1st Award); and 
   
   c.  adding to his DD Form 214, effective 25 September 1975, the:

* Army Good Conduct Medal (2nd Award)
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20140002042





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ABCMR Record of Proceedings (cont)                                         AR20140002042



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