RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060012763 


	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.



	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 he be awarded the Combat Infantryman Badge and the Air Assault Badge. 

2.  The applicant essentially states that he was an infantry Soldier in Vietnam for 1 year and earned the Combat Infantryman Badge.  He also states, in effect, that he did many helicopter assaults and flight time, but the Air Assault Badge was not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.  The applicant provides no additional evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
9 June 1970, the date of his release from active duty.  The undated application submitted in this case was received on 5 September 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 military records show that he enlisted in the Regular Army on 
25 May 1967.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  After completing his first permanent duty assignment at Fort Meade, Maryland, he departed for the Republic of Vietnam on 6 June 1968.  After training at the Americal Combat Center, he was assigned to Company B, 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade, 23rd (Americal) Division.  He was wounded in action twice during his tour in Vietnam.  He returned to the continental United States on 2 July 1969, and was assigned to Fort Hood, Texas until he was honorably released from active duty on 9 June 1970.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Purple Heart with First Oak Leaf Cluster, the National Defense Service Medal, the Vietnam Service Medal with Four Bronze Service Stars, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with M-14 Rifle Bar, and the Marksman Marksmanship Qualification Badge with M-16 Rifle and Pistol Bars. 

4.  The applicant’s records show that he served in an infantry MOS with Company B, 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade, and that he was wounded in action twice.  However, his military records do not show that he was awarded the Combat Infantryman Badge.

5.  There is no record in the applicant’s military records that he satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction for award of the Air Assault Badge.

6.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

7.  The applicant’s DD Form 214 does not show that he was awarded the Army Commendation Medal.  However, he was awarded the Army Commendation Medal by Headquarters, Americal Division General Orders Number 4861, dated 13 June 1969.

8.  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 document shows that at the time of the applicant’s assignment to the 23rd (Americal) Division, the division was twice cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 37, dated 1970, and Department of the Army General Orders Number 51, dated 1971.  This document also shows that at the time of the applicant’s assignment to the 3rd Battalion, 1st Infantry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 2, dated 1971.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty and satisfactorily perform duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  
A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

10.  Army Regulation 600-8-22 also provides, in pertinent part, the requirements for award of the Air Assault Badge.  Award of the Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to 101st Airborne Division (Air Assault) after
1 April 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge and the Air Assault Badge. 

2.  Evidence of record clearly shows that the applicant served in infantry duties while assigned to an infantry unit when it engaged in active ground combat; therefore, he is entitled to award of the Combat Infantryman Badge, effective
14 July 1968, the first date he was wounded and correction of his military records to show the award of the Combat Infantryman Badge.

3.  As there is no record of the applicant satisfactorily completing an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, there is no basis for awarding him the Air Assault Badge in this case.

4.  General orders awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal.

5.  General orders twice awarded the Meritorious Unit Commendation to the 23rd (Americal) Division while the applicant was assigned to this division.  General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 3rd Battalion, 1st Infantry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit Commendation with First Oak Leaf Cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 June 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
8 June 1973.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the partial relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___KW__  __CD ___  ___EF __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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, effective 14 July 1968; the Meritorious Unit Commendation with First Oak Leaf Cluster; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and by showing the award of the Army Commendation Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding the applicant the Air Assault Badge.  




_____Kenneth Wright_______
          CHAIRPERSON




INDEX

CASE ID
AR20060012763
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070327
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.01110.000
2.
107.0122.0000
3.
107.0020.0000
4.
107.0034.0000 (2)
5.
107.0094.0000
6.
110.0400.0000