IN THE CASE OF:	

		BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140018509 


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 combat in Vietnam as an infantryman. 

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 enlisted in the Regular Army on 9 March 1966.  He was trained in and held military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). 
3.  His DA Form 20 (Enlisted Qualification Record) shows he qualified marksman with the M-14 Rifle in April 1966 and sharpshooter with the M-16 Rifle in September 1967. 

4.  He served in Vietnam from on or about 6 December 1967 to 26 April 1968.  He was assigned to Company B, 3rd Battalion, 1st Infantry, 11th Infantry Brigade, Americal Division. 

5.  Special Orders (SO) Number 39, issued by Headquarters, Americal Division, dated 8 February 1968, awarded him the Combat Infantryman Badge. 

6.  On 18 April 1968, he was wounded in Vietnam as a result of hostile action.  He sustained fragment wounds to his right foot when a hostile booby trap detonated while on combat operations with his unit.  Initially, he was treated at the 2nd Surgical Hospital in Vietnam and then by the 249th General Hospital before being transferred to Walter Reed Army Medical Center. 

7.  General Orders (GO) Number 95 issued by Headquarters, 2nd Surgical Hospital, dated 19 April 1968, awarded him the Purple Heart for wounds received in action on 18 April 1968.  

8.  Following treatment, he was placed on the temporary disability retired list (TDRL) in his retired rank/grade of specialist four (SP4)/E-4 on 16 August 1968.  His DD Form 214 shows he completed 2 years, 5 months, and 8 days of active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the:

* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  He was ultimately removed from the TDRL and permanently retired on 1 March 1970. 

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

	a.  The Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  
	b.  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.  

	c.  The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows during his service in Vietnam (6 December 1967 to on or about 26 April 1968), campaign participation credit was awarded for the below campaigns.  This same regulation states that 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 - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968

11.  A review of his service record shows:

	a.  He accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice on 8 July 1966 (absent from duty from 5 to 8 July 1966) and 15 April 1967 (showing disrespect). 

	b.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

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.

13.  Department of the Army GO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 
8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.





DISCUSSION AND CONCLUSIONS:

1.  SO awarded the applicant the Combat Infantryman Badge.  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. 

2.  He was awarded the Vietnam Service Medal and he also participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these awards.  

3.  He qualified marksman with the M-14 Rifle.  Therefore, he is entitled to award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and correction of his DD Form 214 to show this badge. 

4.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award. 

5.  He served honorably from 20 November 1968 through 22 September 1970.  He served in Vietnam, attained the rank/grade of SP4/E-4, and received "excellent" efficiency and conduct ratings throughout his military service.  Although he accepted NJP for what appear to be minor offenses, his records contain no other derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 March 1966 through
16 August 1968; and 

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

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* three bronze service stars to be worn with his already-awarded Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140018509



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ABCMR Record of Proceedings (cont)                                         AR20140018509



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