RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	 22 March 2007 
	DOCKET NUMBER:  AR20060010900 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. John T. Meixell

Member

Mr. Roland S. Venable

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to show that he was awarded the Combat Infantryman Badge.  

2.  The applicant states, in effect, that his MOS (military occupational specialty) was 11B1O, that he was in combat in Vietnam, and that he was wounded. 

3.  The applicant provides a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 11 May 1970, the date he was placed on the Temporary Disability Retired List (TDRL).  The application submitted in this case is dated 26 July 2006 but was received on 2 August 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's record shows he was inducted into the Army of the United States on 24 January 1967.  The applicant successfully completed basic combat training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Polk, Louisiana.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.

4.  The applicant served in Vietnam from 10 July 1967 to 13 May 1968, with Company B, C, and D, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division, as a rifleman.  He was promoted to specialist four (SP4/E-4) effective 5 August 1968.  He continued to serve until he was placed on TDRL effective 11 May 1970.


5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, one Overseas Service Bar, the Purple Heart, the Army Commendation Medal, the Marksman Marksmanship Qualification Badge with rifle bar (M-16 Rifle), and the Sharpshooter Marksmanship Qualification Badge with rifle bar
(M-14 Rifle).  His DD Form 214 does not show any additional awards.

6.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge. 

7.  The applicant was awarded the Purple Heart for wounds received in action on 25 April 1968, while assigned to Company D, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division.  This award is shown on his DD Form 214.

8.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge 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.  The Awards Branch of the Total Army Personnel Command [now the Human Resources Command] has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for his campaign participation.

10.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Valorous Unit Award, by Department of the Army General Order (DAGO) Number 43, dated 1970; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by DAGO Number 54, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 53, dated 1970, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant held an infantry MOS.  He served in active ground combat while assigned or attached to an infantry unit of brigade, 
regimental, or smaller size.  The applicant was awarded a Purple Heart for 
wounds he sustained as a result of enemy action.  He is therefore entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

2.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  However, he participated in three campaigns and he is therefore, entitled to three bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

3.  The applicant's unit was cited for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 May 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 10 May 1973.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__LDS__  ___RSV_  __J_____  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding the applicant the Combat Infantryman Badge and adding this badge to his DD Form 214.

b.  adding the Vietnam Service medal with three bronze service stars;
the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




_____Linda D. Simmons_____
          CHAIRPERSON




INDEX

CASE ID
AR20060010900
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070322
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700511
DISCHARGE AUTHORITY
AR 635-200. . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.