RECORD OF PROCEEDINGS


	IN THE CASE OF:	
 

	BOARD DATE:	  15 May 2007
	DOCKET NUMBER:  AR20060016496 


	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:


Ms. Yolanda Maldonado

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Gerald J. Purcell

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 military records to show award of the Combat Infantryman Badge for his service in the Republic of Vietnam. 

2.  The applicant states, in effect, that his military occupational specialty in the Republic of Vietnam was 11C1O (Infantry Indirect Fire Crewman) and 11B1O (Light Weapons Infantryman).  He was wounded and awarded the Purple Heart.  He further states that he needed time to recuperate and was reclassified as a unit armorer.  

3.  The applicant provides a copy of his Purple Heart Certificate and his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 15 May 1969.  The application submitted in this case is dated 
10 October 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 7 June 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 11C1O (Infantry Indirect Fire Crewman).

4.  On 18 November 1967, the applicant was assigned for duty as an infantry indirect fire crewman with 2nd Battalion, 39th Infantry Regiment, 9th Infantry Division, in the Republic of Vietnam.  

5.  General Orders Number 2443, 9th Infantry Division, dated 15 April 1968, awarded the applicant the Purple Heart for wounds received in action against a hostile force on 27 March 1968.

6.  Message, date/time group 310334Z, March 1968, from the Commanding General, United States Army Vietnam, reported to the Department of the Army Casualty Division, that on 27 March 1968, the applicant had received gunshot wounds to his left shoulder, right hand and lower extremities.  It further reported that the applicant had been on a reconnaissance mission and was engaged in a hostile firefight when wounded.

7.  On 15 April 1968, the applicant was medically evacuated to Fort Lewis, Washington.  Subsequently, he was assigned for duty as a supply specialist.

8.  On 15 May 1969, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E5, and had completed 1 year, 
11 months and 9 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, Purple Heart, Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for the M14 rifle, and the Marksman Marksmanship Qualification Badge with Rifle Bar for the M16 rifle.  It does not show award of the Combat Infantryman Badge or the Army Good Conduct Medal.

10.  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.

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

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





13.  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.  

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

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 campaign periods: 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.  

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 the 2nd Battalion, 39th Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Presidential Unit Citation, 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.  






DISCUSSION AND CONCLUSIONS:

1.  The applicant was an infantryman assigned to an infantry unit of brigade, regimental or smaller size.  He served in actual ground combat and received the Purple Heart for wounds sustained from such combat.  Therefore, he should be awarded 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.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation and the Valorous Unit Award.  Therefore, his records should be corrected to show these unit awards.

4.  The applicant’s unit was cited in general orders for award of 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 three campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

6. The evidence of record clearly and convincingly shows that the applicant performed duties in the Republic of Vietnam during a qualifying period of time for award of the Republic of Vietnam Campaign Medal.  Therefore, his records should be corrected to show this award.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 May 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
14 May 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:

__LMD__  __YM____  __GJP__  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 
7 June 1967 to 15 May 1969; and

c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Presidential Unit Citation, Valorous Unit Award, Army Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with “1960” Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.






__   Yolanda Maldonado____
          CHAIRPERSON




INDEX

CASE ID
AR20060016496
SUFFIX

RECON
 
DATE BOARDED
20070515 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
Grant 
REVIEW AUTHORITY

ISSUES         1.
107.0111.0000
2.

3.

4.

5.

6.