ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

		BOARD DATE:     17 April 2019

		DOCKET NUMBER:  AR20170015755


APPLICANT REQUESTS:

* award of the Combat Infantryman Badge (CIB)
* a correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart and CIB

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  DD Forms 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552).

FACTS:

1.  The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, Section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file.

2.  Headquarters, U.S. Army Training Center, Infantry and Fort Dix, Special Orders Number 186, dated 23 July 1968, awarded him the First Class Gunner (now known as Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60).

3.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) effective 9 August 1968.

4.  His Enlisted Qualification Record shows he was assigned to:

* Company B, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division, Vietnam, as a rifleman in MOS 11B from 18 September 1968 through 5 March 1969
* Headquarters and Headquarters Company, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division, Vietnam, as an ammunition specialist in MOS 11B from 6 March 1969 through 27 April 1969
* Company B, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division, Vietnam, as an automatic rifleman in MOS 11B from 28 April 1969 through on or about 14 June 1969

5.  He participated in the following four campaigns:

* Vietnam Counteroffensive Phase V – 1 July 1968-1 November 1968
* Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969 – 23 February 1969-8 June 1969
* Vietnam Summer Fall 1969 – 9 June 1969-31 October 1969

6.  Headquarters, 71st Evacuation Hospital, General Orders Number 150, dated 16 June 1969, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 14 June 1969.  This issue will not be discussed further in this record of proceedings.

7.  He received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, on 2 November 1969 for being found drunk on duty on or about 2 November 1969.

8.  Item 41 (Awards and Decorations) of his Enlisted Qualification Record shows he was awarded or authorized the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar

9.  On 3 April 1970, he was honorably released from active duty.  His DD Form 214 shows he completed 2 years of net active service during this period, including 9 months and 18 days of foreign service in Vietnam.  He was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* one overseas service bar
* Republic of Vietnam Campaign Medal with Device (1960)

10.  His records are void of orders awarding him the CIB.

11.  His records are void of orders awarding him the first award of the Army Good Conduct Medal.  He received "excellent" conduct and efficiency ratings throughout his military service.  He completed 2 years of active service ending with his release from active duty at the termination of his active service obligation.  He had no court-martial convictions.  His records do not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 35th Infantry, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967-28 July 1969 in Department of the Army General Orders Number 38, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967-31 October 1969 in Department of the Army General Orders Number 53, dated 1970

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was warranted.  Based upon the documentary evidence presented by the applicant and that found within the military service record, the Board determined that full relief was appropriate.  All requested awards by the applicant are supported by the available evidence.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	DENY APPLICATION

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Combat Infantryman Badge and adding it, as well as the Purple Heart for injuries incurred on 14 June 1969, in the Republic of Korea.
2.  Prior to closing the case, the Board noted the administrative notes below by the analyst of record and recommended those additional awards be added to the applicant’s DD Form 214 to more accurately depict his military service.

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.

ADMINISTRATIVE NOTE(S):  He was awarded or authorized the following awards that are not shown on his DD Form 214:

* Purple Heart
* four bronze service stars with his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)



REFERENCES:

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 ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) provides that the Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat.

3.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the CIB during the Vietnam era.  Appendix V stated the CIB was awarded only to enlisted individuals who held and served in MOS 11B (Infantryman), 11C (Indirect Fire Infantryman), 11D (Armor Reconnaissance Specialist), 11F (Infantry Operations and Intelligence Specialist), 11G (Infantry Senior Sergeant), or 11H (Infantry Direct Fire Crewman).

4.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.


ABCMR Record of Proceedings (cont)	 AR20170015755
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