IN THE CASE OF:	  

		BOARD DATE:	  9 July 2015

		DOCKET NUMBER:  AR20140020417 


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 and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the Combat Infantryman Badge is not listed on his original DD Form 214.  He wants his records to reflect that he earned this badge, because it was initially omitted.

3.  The applicant provides a copy of 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 the cases 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.
2.  The applicant was inducted into the Army of the United States on 8 December 1965.  He held military occupational specialty (MOS) 11C (infantry indirect fire crewman).  

3.  Special Orders (SO) Number 31, issued by Headquarters, 4th Infantry Division on 2 February 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam from 15 September 1966 through 30 June 1967, during two campaigns.  He was assigned to:

* Headquarters and Headquarters Company, 3rd Battalion, 12th Infantry, 4th Infantry Division, from 15 September 1966 through 10 May 1967
* Company A, 3rd Battalion, 12th Infantry, 4th Infantry Division, from 11 May through 5 June 1967
* 249th General Hospital, Japan, in a patient status from 6 June through 30 June 1967

5.  General Orders (GO) Number 1422, issued by Headquarters, 4th Infantry Division on 19 June 1967, awarded him the Purple Heart for wounds received in connection with military ground operations against a hostile force in Vietnam on 22 May 1967.  

6.  He was honorably released from active duty on 7 December 1967 and was transferred the U.S. Army Reserve Control Group.  He was credited with completing 2 years of active service.  His DD Form 214 lists the:

* Vietnam Service Medal
* Army Good Conduct Medal
* Purple Heart
* National Defense Service Medal
* Vietnam Campaign Medal

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards listed on his DD Form 214 and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  A review of his records failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.

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

   a.  The Combat Infantryman Badge is awarded to an infantryman Soldier satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.

   b.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 3rd Battalion, 12th Infantry, was cited for award of the Presidential Unit Citation, for the period 18 May through 26 May 1967 by DAGO Number 69, dated 1969.

11.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Combat Infantryman Badge, GO awarded the applicant the Purple Heart for wounds received in connection with military ground operations against a hostile force in Vietnam on 22 May 1967 and he served in Vietnam in an infantry MOS while assigned to an infantry unit.  Notwithstanding the absence of orders for the Combat Infantryman Badge, the evidence shows he met the criteria for award of the Combat Infantryman Badge during his period of service in Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and its addition to his DD Form 214.

2.  He served in Vietnam during two campaigns; therefore, he is entitled to award of two bronze service stars to be added to his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

3.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) during his period of service.  Therefore, his DD Form 214 should be corrected to show this award.

4.  GO awarded his unit the Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected 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 for participation in ground combat on 22 May 1967
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation
* 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)                                         AR20140020417





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ABCMR Record of Proceedings (cont)                                         AR20140020417



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