BOARD DATE:	 6 January 2015 

		DOCKET NUMBER:  AR20140007991 


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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states:

* he served as a point man for the 1st Battalion, 27th Infantry Regiment "Wolfhounds," 25th Infantry Division, in Vietnam
* he was injured and received the Purple Heart on 22 June 1969 while on point
* he came under enemy fire plus mortar rounds on several occasions

3.  The applicant provides:

* service personnel records
* Purple Heart orders
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 4 September 1968 for 2 years.  He completed his training and was awarded primary military occupational specialty (MOS) 11B (light weapons infantryman) and secondary MOS 63B (wheel vehicle repairman).  He arrived in Vietnam on 28 January 1969.  He served in MOS 63B while assigned to the 360th Transportation Company from 3 February 1969 to 29 April 1969.  He served in MOS 11B while assigned to Company B, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division, from 7 May 1969 until he was wounded in action on 22 June 1969 and transferred for further medical treatment on 25 June 1969.

3.  Headquarters, 12th Evacuation Hospital, General Orders Number 168, dated 23 June 1969, show he was awarded the Purple Heart for wounds received in action on 22 June 1969 in the Republic of Vietnam.

4.  Records show he participated in three campaigns during his assignment in Vietnam.

5.  He served in Korea from 7 September 1969 to 13 February 1970.  On 8 April 1970, he was honorably released from active duty in the rank of specialist four after completing 1 year, 7 months, and 5 days of creditable active service with no lost time.

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

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Armed Forces Expeditionary Medal (Korea)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart

7.  There are no orders for the CIB in the available records.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  Army Regulation 672-5-1 (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.

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

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.

12.  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 1st Battalion, 27th Infantry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 September 1968 to 30 September 1970 by Department of the Army General Orders Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by Department of the Army General Orders Number 51, dated 1971

13.  Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to an infantry company in Vietnam.  In addition, he was wounded in action on 22 June 1969 in Vietnam and awarded the Purple Heart.  Therefore, there is sufficient evidence on which to base awarding him the CIB and adding the CIB to his DD Form 214.

2.  He was released from active duty in the rank of specialist four with 19 months of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 4 September 1968 through 8 April 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  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 participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His unit in Vietnam (1st Battalion, 27th Infantry Regiment) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to that unit.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  His service in Korea makes him eligible for the Korea Defense Service Medal, and his DD form 214 should be corrected to show this award.

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:

	a.  awarding him the CIB for action in ground combat against a hostile force in the Republic of Vietnam on 22 June 1969,

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 September 1968 through 8 April 1970, and

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

* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* CIB
* three bronze service stars for wear on his already-awarded Vietnam Service Medal



      __________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)                                         AR20140007991



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ABCMR Record of Proceedings (cont)                                         AR20140007991



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