BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140012440 


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 he was awarded the Combat Infantryman Badge (CIB).

2.  The applicant states he was never awarded the CIB due to being discharged quickly.

3.  The applicant provides a DD Form 214 and a letter of appreciation, dated     14 January 1968.

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 24 January 1967.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) upon completion of initial entry training.

3.  Headquarters, Fort Polk, Louisiana Special Orders Number 108, dated         27 April 1967, awarded him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

4.  Headquarters, Fort Polk, Louisiana Special Orders Number 118, dated 8 May 1967, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).

5.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  he served in the Republic of Vietnam from 25 July to 5 November 1967;

	b.  he was assigned to the 2nd Battalion, 35th Infantry Regiment during his service in the Republic of Vietnam; and

	c.  item 41 (Awards and Decorations) does not show he was awarded the CIB.

6.  His military record includes documentation indicating that on 27 October 1967, he was wounded while on a search and destroy mission; his wounds resulted from hostile action.

7.  U.S. Army Training Center, Fort Dix, New Jersey General Orders Number     3, dated 22 January 1969, awarded him the Army Good Conduct Medal (1st Award).

8.  The applicant was honorably released from active duty on 23 January 1969.  His DD Form 214 shows he was awarded or authorized the:

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

9.  There are no orders in his available records that show he was awarded the CIB.

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

	a.  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.

	b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnamese Counteroffensive Phase III campaign.

11.  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 that during his assignment to the 2nd Battalion, 35th Infantry, this unit was cited in general orders for the following unit awards:

* Valorous Unit Award for the period 22 April-20 August 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods January 1966–1 August 1967 and 1 August 1967–28 July 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967–31 October 1969

12.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross with Palm 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the CIB has been carefully considered.

2.  The evidence shows he held an infantry MOS and that on 27 October 1967, he was conducting a search and destroy mission as a member of an infantry unit when he was wounded as a result of hostile actions.  Therefore, he met the criteria for award of the CIB, so it would be appropriate to award him the CIB at this time and to add this award to his DD Form 214.

3.  General orders awarded him the Army Good Conduct Medal (1st Award), which is not listed on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

4.  He was awarded the Vietnam Service Medal; however, it does not include any bronze service stars for campaign participation.  He participated in one campaign during his service in Vietnam; therefore, he is authorized one bronze service star for wear on his Vietnam Service Medal and correction of his DD Form 214 to reflect this bronze service star.

5.  Special orders awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).  These badges do not appear on his     DD Form 214; therefore, they should be added.

6.  Department of the Army Pamphlet 672-3 shows his unit of assignment during his service in Vietnam was cited in general orders for the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although he is authorized to wear only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, his DD Form 214 should be corrected to show all of his authorized 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:

	a.  awarding him the CIB for actions of 27 October 1967;

	b.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* 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)                                         AR20140012440



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ABCMR Record of Proceedings (cont)                                         AR20140012440



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