RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060013924 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Ernestine I. Fields

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

2.  The applicant states that the error was just an oversight.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 7 February 1969, the date of his release from active duty.  The application submitted in this case is dated 18 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.  On 9 February 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.  On 21 July 1967, the applicant was assigned for duty as a Rifleman with Company A, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, in the Republic of Vietnam.  

5.  On 19 October 1967, the applicant was reassigned for duty as a light weapons infantryman with Company C, 4th Battalion, 12th Infantry Regiment, 199th Light Infantry Brigade.

6.  On 15 January 1968, the applicant was reassigned as a scout with the 71st Infantry Detachment (Long Range Patrol), 199th Light Infantry Brigade.

7.  General Orders Number 21, 93rd Evacuation Hospital, dated 28 January 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 27 January 1968.

8.  General Orders Number 289, 199th Infantry Brigade, dated 8 April 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 24 February 1968.

9.  On 17 July 1968, the applicant was returned to the United States and assigned for duty as a grenadier with the 6th Battalion, 6th Infantry Regiment, at Fort Hood, Texas.

10.  On 7 February 1969, the applicant was released from active duty.  He attained the rank of specialist four, pay grade E4 and had completed 1 year, 
11 months, and 28 days of creditable active duty.

11.  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 Purple Heart with Oak Leaf Cluster, National Defense Service Medal, Army Commendation Medal with Oak Leaf Cluster, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Combat Infantryman Badge or the Army Good Conduct Medal. 

12.  Army Regulation 600-8-22 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 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, 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.

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

14.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  Item 41 (Awards and Decorations) shows that one of his two Army Commendation Medals included the "V" Device, indicating that it was given for heroic action.  The orders are not available for review.

15.  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.  

16.  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 four campaigns: the Vietnam Counteroffensive, Phase III; the TET Counteroffensive, 1968; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

17.  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 the 4th Battalion, 12th Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.   This publication also shows that the 71st Infantry Detachment, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he held an infantry MOS and was assigned with three different infantry units of brigade, regimental or smaller size in the Republic of Vietnam.  He performed duty as a rifleman, a light weapons infantryman, and as a scout.  He was twice wounded in action and received the Purple Heart with Oak Leaf Cluster.  He was twice awarded the Army Commendation Medal, with one of them being for heroic action.  Therefore, he is clearly qualified for award of the Combat Infantryman Badge. 

2.  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 Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.
3.  General Orders show that the applicant's unit was awarded the Meritorious Unit Commendation and the Valorous Unit Award.   Therefore, his records should be corrected to show these unit awards.

4.   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.

5.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 February 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
8 February 1972.  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:

__KLW__  __LMD__  ___EIF__  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 Combat Infantryman Badge;

	b.  awarding him the Army Good Conduct Medal for the period from 
9 February 1967 to 7 February 1969; and

	c.   showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Meritorious Unit Commendation, the Valorous Unit Award, the Army Good Conduct Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the "V" Device to be affixed to his Army Commendation Medal, and four bronze service stars to be affixed to his Vietnam Service Medal. 





__ Kenneth L. Wright__
          CHAIRPERSON




INDEX

CASE ID
AR20060013924
SUFFIX

RECON
 
DATE BOARDED
20070410
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.

3.

4.

5.

6.