BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140004888 


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
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)

2.  The applicant states these badges were omitted from his DD Form 214.

3.  The applicant provides his DD Form 214, two letters, two certificates, and a page titled Operation Saratoga.

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 19 July 1967 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  His record contains Special Orders (SO) Number 295, dated 14 November 1967, issued by Headquarters (HQ), Fort Polk, Fort Polk, LA, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with MachineGun Bar (M-60).

4.  He served in Vietnam from 19 December 1967 to 13 March 1968 while assigned as a rifleman to Company D, 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division.

5.  The applicant provides a Purple Heart certificate, dated 10 February 1968, wherein it shows he was awarded the Purple Heart for wounds received in action on 6 February 1968.

6.  On or about 14 March 1968, he was medically evacuated from Vietnam and assigned as a patient to the 106th General Hospital, Japan.  On 30 March 1968, he was assigned as a patient to Fitzsimons General Hospital, Denver, CO.

7.  He was retired on 19 August 1969 by reason of temporary disability.  He completed 2 years, 1 month, and 1 day of creditable active service with no time lost.

8.  The DD Form 214 he was issued shows the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings, except for the period 30 March 1968 to 18 August 1969 when he was in a patient status and received an "excellent" conduct rating and an "unknown" efficiency rating.

10.  Item 40 (Wounds) of his DA Form 20 shows he received multiple fragment wounds to the back of his arms, right hand, and chest on 6 February 1968.

11.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.

13.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge 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.

14.  Department of the Army (DA) 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, 22nd Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 through 1 August 1968, by DA General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 1 August 1967 through 21 January 1970, by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant held MOS 11B while assigned as a rifleman to an infantry unit on 6 February 1968.  The wounds he received in action on 6 February 1968 confirm that he actively participated in ground combat. Therefore, he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this award.

2.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with MachineGun Bar (M-60), neither of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  The evidence of record confirms he served honorably from 19 July 1967 to 19 August 1969.  He served in Vietnam, received all “excellent” conduct and efficiency ratings throughout his service, excect for a period when he was in a patient status and received an "unknown" efficiency rating.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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:

* awarding him the Combat Infantryman Badge effective 6 February 1968
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 19 July 1967 through 19 August 1969
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with MachineGun Bar
(M-60)
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with 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)                                         AR20140004888





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ABCMR Record of Proceedings (cont)                                         AR20140004888



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