IN THE CASE OF: BOARD DATE: 22 April 2010 DOCKET NUMBER: AR20090018305 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. The applicant states he held an infantry military occupational specialty (MOS), engaged the enemy on 3 January 1969, and was awarded the Distinguished Service Cross (DSC). 3. The applicant provides a copy of his DD Form 214 for the period ending 28 August 1969 and a copy of General Orders Number 1112, published by Headquarters, U.S. Army Vietnam (USARV) on 1 April 1969, awarding him the DSC. 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 was inducted into the Army of the United States and entered active duty on 13 June 1967. He completed basic combat and advanced individual training and he was awarded MOS 11B (Light Weapons Infantryman). 3. His records also show he served in the Republic of Vietnam from on or about 16 May 1968 to on or about 13 January 1969. He was assigned to Company B, 2nd Battalion, 14th Infantry. 4. He was honorably retired by reason of temporary disability on 28 August 1969. He was subsequently placed on the Retired List in his retired rank/grade of sergeant (SGT)/E-5 on 1 August 1971. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Distinguished Service Cross, Purple Heart, National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Vietnam Campaign Medal with Device (1960), 1 overseas service bar, Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 6. He was awarded the Distinguished Service Cross for extraordinary heroism on 3 January 1969 in connection with military operations involving an armed hostile force in Vietnam. General Orders Number 1112, issued by Headquarters, USARV on 1 April 1969 cited the following reason: "… [Applicant] distinguished himself by exceptionally valorous actions on 3 January 1969 as a squad leader on a reconnaissance-in-force mission during an engagement with a platoon of enemy troops. When his company commander was struck by a flying missile, [Applicant] immediately moved to a position from which he could provide covering fire for several men who went to assist the injured officer. Suddenly, one of the communists threw a grenade that landed in the midst of the group gathered around the commander. Completely disregarding his own safety, [Applicant] shouted a warning and lunged on the grenade in an attempt to save the lives of his comrades. By allowing himself to be grievously wounded, he prevented serious injury to his fellow Soldiers...." 7. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officers 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. Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 8. A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214. 9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while the applicant was assigned to Company B, 2nd Battalion, 14th Infantry, the unit was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 April 1966 to 31 August 1968 based on Department of the Army General Orders (DAGO) Number 48, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 20 April 1966 to 21 January 1970 based on DAGO Number 51, dated 1971 10. A review of his service record shows no derogatory information, court-martial, or a commander's disqualification that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings during his period of military service. 11. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. It stated, in pertinent part, that 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. There must have been no convictions by a court-martial for a commander's disqualification. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this award. 2. The evidence of record confirms he held an infantry MOS, he was assigned to an infantry unit, and he was personally present and under hostile fire while performing infantry duties, in an infantry unit that was actively engaged in ground combat with the enemy on 3 January 1969. Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award. 3. The evidence of record confirms he honorable served from 13 June 1967 through 28 August 1969. He attained the rank/grade of SGT/E-5, served in Vietnam, awarded the Distinguished Service Cross and the Purple Heart, and received "excellent" conduct and efficiency ratings throughout his military service. In the absence of any derogatory information that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correction of his DD Form 214 to show this award. 4. General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment, which are not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 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: a. awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity from 13 June 1967 through 28 August 1969; b. awarding him the Combat Infantryman Badge on 3 January 1969; and c. adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam 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) AR20090018305 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090018305 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1