IN THE CASE OF:	  

		BOARD DATE:	  13 October 2014

		DOCKET NUMBER:  AR20140003268 


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 Combat Infantryman Badge. 

2.  The applicant states he was in the Army from January 1967 to January 1969. He held an infantry specialty.  He arrived in Vietnam in June 1967 and he was assigned to the 25th Infantry Division.  However, he was wounded in combat on 29 July 1967 and spent 3 months hospitalized.  Before he could rejoin his unit, he was transferred to the 4th Infantry Division.  He then spent the next 8 months with the 4th Infantry Division and this is possibly where the omission occurred. 

3.  The applicant provides his DD Form 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's records show he was inducted into the Army of the United States on 17 January 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders (SO) Number 43, issued by Headquarters, 1st Brigade (Basic Combat Training), Fort Ord, CA, on 2 March 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 59, issued by Headquarters, Fort Polk, LA, on 5 May 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His records show he served in Vietnam from on or about 23 June 1967 to on or about 18 June 1968.  He was assigned as follows: 

* Troop A, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division, from on or about 30 June 1967 to 29 July 1967 
* 106th General Hospital, Japan, from 17 September 1967 to 20 October 1967
* Troop C, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division, from 13 November 1967 to 18 June 1968 

6.  He was wounded in action on 29 July 1967 during combat operations.  He suffered multiple fragment wounds to the left arm and burns to the face.  

7.  General Orders (GO) Number 157, issued by Headquarters, 12th Evacuation Hospital, on 31 July 1967, awarded him the Purple Heart for wounds received in action while a member of A Troop, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division. 

8.  GO Number 2738, issued by Headquarters, 4th Infantry Division, on 17 June 1968, awarded him the Army Commendation Medal for meritorious service while assigned to Troop C, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division. 

9.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 16 January 1969.  He completed 2 years of active duty with no lost time.  His DD Form 214 shows he was awarded or authorized the: 


* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* National Defense Service Medal
* Army Commendation Medal
* Purple Heart
* “Sharpshooter (Rifle)”
* “Marksman (Pistol)” 

10.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge 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.  There is no derogatory information in his file that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

12.  Army Regulation 672-5-1 (Decorations and 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.  There must have been no convictions by a court-martial.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with various units in Vietnam each of these units was cited for certain awards:

	a.  Troop A, 3rd Squadron, 4th Cavalry Regiment (30 June 1967 to 29 July 1967):

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from March 1966 to August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 15 March 1966 to 21 January 1970 by DAGO Number 51, dated 1971


	b.  Troop C, 1st Squadron, 10th Cavalry Regiment (13 November 1967 to 18 June 1968):

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from September 1966 to 1 August 1967 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 August 1967 to 31 October 1969 by DAGO Number Number 53, dated 1970

14.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

15.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the below listed campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

* Vietnam Counteroffensive, Phase III, 1 June 1967 - 29 January 1968
* TET Counteroffensive, 30 January 1968 - 1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968 - 30 June 1968

DISCUSSION AND CONCLUSIONS:

1.  The applicant held an infantry MOS and he appears to have served in the infantry squad or platoon of a cavalry squadron when he was wounded in action during combat operations in Vietnam on 29 July 1967.  It is reasonable to presume he was personally present and served in active ground combat while assigned to that infantry squad or platoon.  He appears to have met the criteria for award of the Combat Infantryman Badge.  Therefore, he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this badge.

2.  He served honorably from 17 January 1967 through 16 January 1969.  He attained the rank/grade of SP4/E-4, received multiple awards, and was wounded in action.  He served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three (instead of two) bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  GO awarded his units in Vietnam one award each of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award each of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

5.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Pistol Bar.  These badges are incorrectly identified on his DD Form 214 and/or do not identify the specific weapon system.  As a matter of clarity, his DD Form 214 should be corrected to show the correct name of each badge. 

6.  He was also awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  This badge is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge. 

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 Combat Infantryman Badge for action on 29 July 1967
* awarding him the Army Good Conduct Medal (1st Award) for the period 17 January 1967 through 16 January 1969
* deleting from his DD Form 214 the Vietnam Service Medal with 2 bronze service stars and the entries “Sharpshooter (Rifle)” and “Marksman (Pistol)”
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award) 
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Vietnam Service Medal with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   _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)                                         AR20140003268





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ABCMR Record of Proceedings (cont)                                         AR20140003268



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