RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060011150 


	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.


Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Paul M. Smith

Member

Mr. Jerome L. Pionk

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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal and the Combat Infantryman Badge.

2.  The applicant states that he was awarded the Bronze Star Medal and two Purple Hearts; and should also be awarded the Combat Infantryman Badge.

3.  The applicant provides a copy of his Bronze Star Medal Certificate and two certificates for award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 14 February 1969, the date of his disability retirement.  The application submitted in this case is dated 25 July 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.  On 17 April 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B1O (Light Weapons Infantryman).

4.  Special Orders 146, United States Army Training Center, Fort Bragg, North Carolina, dated 26 May 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Special Orders 126, 3rd Training Brigade, Fort Jackson, South Carolina, dated 5 August 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar.



6.  On 14 September 1967, the applicant was assigned for duty as a rifleman with the 2nd Battalion, 35th Infantry Regiment, in the Republic of Vietnam.  On 19 January 1968, he was assigned duty as an automatic rifleman in the same unit.

7.  On 24 April 1968, the applicant was issued a Purple Heart Certificate for wounds he received on 27 February 1968.  On 9 February 1973, another Purple Heart Certificate was issued for wounds he received on 27 February 1968.  The available evidence does not clarify if he was wounded on two separate occasions on the same day, or that these are duplicate certificates.

8.  On 14 February 1969, the applicant was retired by reason of physical disability.  He had attained the rank of specialist four, pay grade E4 and had completed 1 year, 10 months and 11 days of creditable active duty.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and two awards of the Purple Heart.  It does not show award of the Bronze Star Medal or Combat Infantryman Badge. 

10.  On 16 May 1969, the applicant was issued a Certificate for award of the Bronze Star Medal for heroism in ground combat on 27 February 1968.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (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 U.S. Army Human Resources Command (formerly known as the Total Army Personnel 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.

12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20), shows that his conduct and efficiency were excellent.  


14.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

15.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaigns: the Vietnam Counteroffensive, Phase III, the TET Counteroffensive, 1968, and the Vietnam Counteroffensive, Phase IV.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the2nd Battalion, 35th Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was awarded the Bronze Star Medal for heroism in ground combat.  Therefore, his records should be corrected to show this award.

2.  The applicant's records show that he held an infantry MOS and was assigned to the Republic of Vietnam for duty as an automatic rifleman with an infantry unit of brigade, regimental or smaller size.  He was awarded the Bronze Star Medal for heroism in ground combat and the Purple Heart for wounds received in action against a hostile force.   Therefore, it is reasonable to presume that he participated in active ground combat and is authorized award of the Combat Infantryman Badge. 


3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  General Orders show that the applicant's unit was awarded the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

5.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards. 

6.  Records show that the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is authorized three bronze service stars to be affixed to his Vietnam Service Medal.  

7.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Machinegun Bar.  Therefore, his records should be corrected to show these awards.  

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 February 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
13 February 1972.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__JLP___  __WDP _  __PMS__  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 him the Army Good Conduct Medal for the period from 
17 April 1967 to 14 February 1969;

	b.  awarding him the Combat Infantryman Badge with an effective date of 27 February 1968;

	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Bronze Star Medal with "V" Device, Meritorious Unit Commendation, Army Good Conduct Medal, Combat Infantryman Badge, 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, Marksman Marksmanship Qualification Badge with Machinegun Bar, and three bronze service stars to be affixed to his Vietnam Service Medal.






_      William D. Powers____
          CHAIRPERSON




INDEX

CASE ID
AR20060011150
SUFFIX

RECON
 
DATE BOARDED
20070313 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107.0014
2.
107.0111
3.

4.

5.

6.