BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140014010 


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 (CIB).

2.  The applicant states he was awarded the CIB on or about 6 June 1968.

3.  The applicant provides:

* extract of Headquarters, 4th Infantry Division, Special Orders Number 95, dated 5 April 1969
* news articles

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 27 September 1967.  He completed training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewmember).

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Special Orders Number 016, dated 18 January 1968, awarded him the First Class Gunner (now known as Sharpshooter) Marksmanship Qualification Badge with Mortar Bar.

4.  He served in Vietnam during the period 11 March 1968 to on or about 30 April 1970 and he participated in five campaigns.  While in Vietnam, he was assigned to:

* Company A, 2d Battalion, 35th Infantry Regiment, 4th Infantry Division, from 26 March 1968 to 20 September 1968 in MOS 11C
* Headquarters and Headquarters Company, 4th Infantry Division, from 21 September 1968 to 30 April 1969 in MOS 11B (Light Weapons Infantryman)

5.  On 20 February 1969, he was awarded MOS 11B.

6.  Headquarters, 4th Infantry Division, Special Orders Number 95, dated 5 April 1969, show he was reassigned from Vietnam to the U.S. Army Transfer Station, Fort Lewis, WA, on or about 4 May 1969.

7.  On 3 May 1969, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* two overseas service bars

8.  The applicant provided news articles he identified as being from the Patterson Evening News with a handwritten date of 26 June 1968 that show, in turn, he completed advanced individual training and he was awarded the CIB in Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.

	b.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  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 units to which he was assigned were awarded the following:

* 2d Battalion, 35th Infantry Regiment –

* Meritorious Unit Commendation for the period 1 November 1967 through 30 April 1968 by Department of the Army General Orders (DAGO) Number 17, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 through 28 July 1969 by DAGO Number 38, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 31 October 1969 by DAGO Number 53, dated 1970

* Headquarters and Headquarters Company, 4th Infantry Division –

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The instructions stated to enter the total period of active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed (e.g., U.S. Army Pacific (USARPAC)) in item 22c (Foreign and/or Sea Service).  Later versions of this regulation required listing the inclusive dates of service in Vietnam performed on or after 5 August 1964 in item 30 (Remarks) as follows:  "VIETNAM SERVICE:  FROM (date) TO (date)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant held MOS's 11B and 11C while serving in an infantry unit of brigade, regimental or smaller size during his assignment in Vietnam.  Further, he served as a mortarman during the period 26 March 1968 through 20 September 1968.  This evidence, along with the documentation he has provided, is sufficient to show he met the eligibility requirements and supports his claim that he was awarded the CIB on or about 6 June 1968.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge.

2.  The applicant participated in five campaigns during his service in Vietnam that entitles him to one silver service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this service star.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Mortar Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show this qualification badge.

4.  General orders awarded the units to which he was assigned in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award).  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 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 amending his DD Form 214 as follows:

	a.  deleting award of the Vietnam Service Medal;

	b.  adding the following awards:

* Vietnam Service Medal with one silver service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* CIB
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar

	c.  adding the entry "VIETNAM SERVICE:  FROM 11 MARCH 1968 TO 30 APRIL 1969" to item 30.



      __________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)                                         AR20140014010



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ABCMR Record of Proceedings (cont)                                         AR20140014010



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