RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2006
	DOCKET NUMBER:  AR20060015902 


	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:


Mr. William D. Powers

Chairperson

Mr. William F. Crain

Member

Mr. Dale E. DeBruler

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 he be awarded the Combat Infantryman Badge for his Vietnam service while in the Army.

2.  The applicant states, in effect, that the Combat Infantryman Badge was not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from Army Service.

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 18 February 1972, the date of his release from active duty.  The application submitted in this case is dated 22 August 2006 but was received on 14 November 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 4 August 1970.  The applicant successfully completed basic combat training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Ord, California.  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 2 January 1971 to 1 December 1971, with Company C, 3rd Battalion (Airmobile), 187th Infantry Regiment, 101st Airborne Division, as a rifleman.  He was promoted to specialist four (SP4/E-4) effective 9 June 1971.  He continued to serve until he was released from active duty on 18 February 1972.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training). 


5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, with two bronze service stars, the Republic of Vietnam Campaign Medal, the Purple Heart, the Marksman Marksmanship Qualification Badge, with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge, with Grenade Bar.  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 22 February 1971, while assigned to Company C, 3rd Battalion (Airmobile), 187th Infantry Regiment, 101st Airborne Division.  This award is shown on his DD Form 214.

8.  Item 38 (Record of Assignments), of his DA Form 20 (Enlisted Qualification Record), shows the entry "EXC" (Excellent) for his conduct and efficiency.  

9.  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 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.

10.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

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




12.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Order (DAGO) Number 6, dated 1974, while he was assigned to the unit.  This unit award is 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 is entitled to the first award of the Good Conduct Medal for the period 4 August 1970 to 18 February 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with two bronze service stars.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal, with two bronze service stars.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show this unit award.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 February 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 17 February 1975.  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:

___D____  __WDP _  __WFC__  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; and

b.  adding the first award of the Good Conduct Medal for the period 4 August 1970 to 18 February 1972; the Vietnam Service Medal with three bronze service stars; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


_____William D. Powers______
          CHAIRPERSON




INDEX

CASE ID
AR20060015902
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070426
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19720218
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.