ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 July 2019 DOCKET NUMBER: AR20180012442 APPLICANT REQUESTS: award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of his two Purple Hearts. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders (GO) Number 859 dated 23 March 1969 (Purple Heart) * Purple Heart Certificates (x2) * Rebuttal Letter to Human Resources Command (HRC) – Awards & Decorations Branch dated 16 April 2018 * Letter from National Archives and Records Administration dated 1 May 2018 * Letter from National Archives and Records Administration dated 28 June 2018 with copies of Daily Staff Journal or Duty Officer’s Logs * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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. The applicant states he is requesting award of the Combat Infantryman Badge. He was with an infantry platoon his entire time in Vietnam as an 11C (Infantryman, Indirect Fire Crewman) and he was never awarded the medal although he wore it because he thought it had been awarded. He is also requesting correction of his DD Form 214 to properly reflect two awards of the Purple Heart. 3. The applicant provides: a. GO Number 859, dated 23 March 1969, for award of the Purple Heart for wounds received by a hostile force on 18 March 1969. a. b. Two Purple Heart Certificates for wounds received in action in the Republic of Vietnam on 18 March 1969 and 29 March 1969. c. A rebuttal letter to HRC – Awards & Decorations Branch, dated 16 April 2018, which states he was assigned to Company D, 3d Battalion, 12th Infantry, 4th Infantry Division as an 11C. He received two Purple Hearts which ultimately medically retired him at 80% permanent disability. The only witnesses he remembers from his squad in Vietnam were all deceased, but based on the documentation he provided it was evident they were engaged in combat and deserve the Combat Infantryman Badge. d. A letter from the NARA, dated 1 May 2018, requesting he provide unit of assignment and timeframe he was in Vietnam to research their records for possible for references to the award requested. e. A follow up letter from the National Archives and Records Administration, dated 28 June 2018, which includes copies of daily journals located in their research for the 3d Battalion, 12th Infantry. The scans beginning from 18 March 1969 reference Company D and may be useful to show contact with the enemy. 4. A review of the applicant’s service record shows: a. He was inducted in the Army of the United States on 20 August 1968. b. He served in Vietnam from 8 January 1969 to 28 June 1969 through three campaigns. He was assigned to Company D, 3d Battalion, 12th Infantry, 4th Infantry Division as an 11C, Infantryman, Indirect Fire Crewman. c. He was honorably retired from active duty on 4 January 1971. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge shows he completed 2 years, 4 months, and 15 days of total active service. It also shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Marksman Marksmanship Badge with Rifle Bar (M-14) * Expert Marksmanship Badge with Rifle Bar (M-16) * Expert Marksmanship Badge with Hand Grenade 5. On 26 January 2005, he was issued a DD Form 215 that corrected his DD Form 214 to show the Purple Heart with 1st Oak Leaf Cluster. 6. A letter from HRC, Awards and Decorations Branch, dated 28 March 2018, was sent to the Congressional Representative noting that favorable action in the applicant’s case 1. would be considered; however, evidence of satisfactory performance of infantry duties was required to review the case. A reference handout was enclosed with the requirements for retroactive determination for the Combat Infantryman Badge. 7. By regulation (AR 672-5-1): a. The Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active service, 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 and there must be no convictions by a court-martial. The applicant’s record is void of documentation awarding him the Army Good Conduct Medal. He meets the criteria for this award in that: * he received good or excellent conduct and efficiency ratings during his periods of active service (he received an unknown rating from 29 December 1969 to 4 January 1970) * he served honorably and without disciplinary action for 2 years, 4 months, and 15 days * there is no record of a court-martial in his service record b. For award of the Combat Infantryman Badge, a Soldier must meet the following three requirements: * be an infantryman satisfactorily performing infantry duties * assigned to an infantry unit during such time as the unit is engaged in active ground combat * actively participate in such ground combat 8. Department of the Army General Order (DAGO) awarded the 3rd Battalion, 12th Infantry the following awards: * DAGO Number 3, dated 1970, Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam from October 1966 to 28 July 1969 * DAGO Number 53, dated 1970, Republic of Vietnam Civil Actions Honor Medal, First Class for service in Vietnam from 1 October 1966 to 31 October 1969 * BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The applicant’s contentions were carefully considered. Based upon the preponderance of evidence, the Board determined he was involved in a CIB qualifying incident on 18 March 1969; the same date he was awarded his first Purple Heart. He was provided a DD Form 215 on 26 January 2005 to show he was awarded two Purple Hearts; therefore, this portion of the request for relief has already been satisfied. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the corrections stated in the Administrative Note(s) that follow, 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 awarding him the Combat Infantryman Badge (CIB) for engaging the enemy on 18 March 1969, and adding the CIB to his DD Form 214 for the period ending 4 January 1971. 8/8/2019 X CHAIRPERSON Signed by: 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): A review of the applicant’s service records show he is authorized additional awards not annotated on his DD Form 214. As a result amend his DD Form 214 as follows: * Delete Vietnam Service Medal * Add Vietnam Service Medal with 3 bronze service stars * Add Republic of Vietnam Gallantry Cross Unit Citation with Palm * Add Republic of Vietnam Civil Actions Honor Medal, First Class * REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 672-5-1 (Awards – Decorations, Awards, and Honors), in effect at the time, provides Army policy, criteria, and administrative instructions concerning individual military decorations. a. 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 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. b. For award of the Combat Infantryman Badge, a Soldier must meet the following three requirements: * be an infantryman satisfactorily performing infantry duties * assigned to an infantry unit during such time as the unit is engaged in active ground combat * actively participate in such ground combat 3. Department of the Army General Order (DAGO) Number 3, dated 1970, awarded the 3d Battalion, 12th Infantry, the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam from October 1966 to 28 July 1969. 4. DAGO 53, dated 1970, awarded the 3d Battalion, 12th Infantry, the Republic of Vietnam Civil Actions Honor Medal, First Class for service in Vietnam from 1 October 1966 to 31 October 1969. //NOTHING FOLLOWS//