IN THE CASE OF:  	  

		BOARD DATE:  27 August 2015	  

		DOCKET NUMBER:  AR20150001793 


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 a combat infantry platoon leader in an infantry unit in Vietnam with 4th Battalion, 12th Infantry Regiment. 

3.  The applicant provides his DD Form 214 with a separation date of 21 May 1969.

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 record shows he enlisted in the Regular Army on 21 July 1966.  He was trained in and awarded military occupational specialty (MOS) 11F (Infantry Operations and Intelligence Specialist).

3.  On 8 June 1967 he was honorably discharged from active duty to accept a commission.  His DD Form 214 for this period shows he held the rank of specialist five/E-5, and he completed 10 months and 18 days of creditable active service.  He had no foreign service. 

4.  On 9 June 1967, he was appointed a Reserve commissioned officer in the rank of second lieutenant (2LT) and entered active duty.  He was awarded specialty number 1542 (Infantry Unit Commander).

5.  His DA Form 66 shows he served in the Republic of Vietnam (RVN) from 18 May 1968 to 17 May 1969 with the 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade.  Item 21 (Awards and Decorations) does not include the CIB.

6.  His official military personnel file (OMPF) contains Headquarters, 199th Infantry Brigade, General Orders Number 1657, dated 19 December 1968, announcing the applicant's award of the Bronze Star Medal with “V” Device for exceptional heroism on 7 September 1968.  The citation on this order includes the following statement:

During the initial burst of fire, one man was severely wounded and fell in an open area.  Unhesitatingly, [the applicant] raced from his covered positon, exposing himself to the withering enemy fire, in order to reach the wounded man.  He carried him back to a secure position and applied the basic lifesaving steps until a medical aidman arrived.

7.  On 21 May 1969, the applicant was honorably released from active duty.  His DD Form 214 for this period shows he was awarded or authorized the:

* Bronze Star Medal with “V” Device
* Bronze Star Medal
* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)


8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  For award of the VSM, a bronze service star is authorized for each campaign a member is credited with participating in while serving in the Republic of Vietnam (RVN).

	b.  Table B-1 contains a list of campaigns and shows that during the applicant's service in the RVN campaign participation credit was awarded for the:

* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V
* Vietnam Counteroffensive, Phase VI
* Tet 69 Counteroffensive 1969

	c.  The CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (12th Infantry Regiment) was awarded the RVN Gallantry Cross Unit Citation with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in an infantry MOS with a qualifying infantry unit while that unit participated in combat.  Therefore the applicant met the criteria for award of the CIB.  Therefore, his record and DD Form 214 should be corrected accordingly to show this award.

2.  The evidence of record confirms that based on his service and campaign participation in the RVN, the applicant is authorized the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded VSM.  Accordingly, it would be appropriate to add these awards to his DD Form 214. 


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 on 7 September 1968;

	b.  deleting the VSM from his DD Form 214 with a separation date of 21 May 1969; and 

   c.  adding the following awards to his DD Form 214 with a separation date of 21 May 1969:

* CIB
* VSM with 4 bronze service stars
* RVN Gallantry Cross with Palm Unit Citation 
* RVN 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)                                         AR20150001793





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ABCMR Record of Proceedings (cont)                                         AR20150001793



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