RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 September 2007
      DOCKET NUMBER:  AR20070003146


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Judy L. Blanchard             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Mr. Paul M. Smith                 |     |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, award of the Combat Infantryman
Badge.

2.  The applicant states, in effect, that DOD failed to issue the Combat
Infantryman Badge (CIB) to him.

3.  The applicant provides no additional documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military service records show that he enlisted and
entered active duty on 8 June 1967.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The
applicant was honorably released from active duty on 16 September 1969
after serving a total of 2 years, 3 months, and 9 days of military service.

3.  The applicant's military service records contain a DA Form 20.  Item 22
(Military Occupational Specialties) shows that the applicant was awarded
MOS 11B on 19 October 1967.  Item 31 (Foreign Service), shows that he
served in the Republic of Vietnam from 19 December 1967 through 14 January
1968.

4.  Item 38 (Record of Assignments) of the DA Form 20 shows that, on
19 December 1967, the applicant was assigned to Company E, 2nd Battalion
(Airborne), 502nd Infantry, 101st Airborne Division (Airmobile) (Vietnam),
with principal duty as a rifleman (Duty MOS 11B1P).  Item 38 of the DA Form
20 also shows his Conduct and Efficiency as excellent.

5.  Item 39 (Campaigns) of the DA Form 20 shows that he participated in the
Vietnam Counteroffensive Phase III, TET 68 Counteroffensive, and an unnamed
campaign.

6.  Item 41 (Awards and Decorations) of the DA Form 20 shows that he was
authorized the Bronze Star Medal, the Army Commendation Medal, the National
Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal with Device (1960), the Parachutist Badge, and the Expert
Marksmanship Qualification Badge with Rifle Bar.  The Expert Marksmanship
Qualification Badge with Rifle is not listed on his discharge document (DD
Form 214).

7.  The applicant's records contain a copy of Headquarters, 101st Airborne
Division (Vietnam), General Orders Number 9048, that show, in pertinent
part, the applicant, was awarded the Bronze Star Medal for meritorious
service in connection with military operations against a hostile force in
the Republic of Vietnam from 1 January 1968 to 31 August 1968.

8.  The applicant's records contain a copy of Headquarters, 101st Airborne
Division (Vietnam), General Orders Number 5845, that show, in pertinent
part, the applicant was awarded the Army Commendation Medal for meritorious
achievement in the Republic of Vietnam from 1 March 1968 to 31 July 1968.

9.  The applicant’s records contain a copy of Headquarters, 101st Airborne
Division (Vietnam), General Orders Number 9078, that show, in pertinent
part, the applicant was awarded the Purple Heart for wounds received in
action on
10 March 1968.

10.  The applicant’s records contain a copy of Headquarters, 101st Airborne
Division (Vietnam), General Orders Number 10343 that show, in pertinent
part, the applicant was awarded the Air Medal for meritorious achievement
while participating in aerial flight.

11.  There are no orders in the applicant’s military service records which
show that he was awarded the Combat Infantryman Badge.  His DA Form 20 does
not list the Combat Infantryman Badge in Item 41 (Awards and Decorations).

12.  There is no evidence the applicant received the award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal and he received
conduct and efficiency ratings of “excellent” throughout his service.

13.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the Bronze Star
Medal, the Army Commendation Medal, the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the
Parachutist Badge.

14.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  The Vietnam Counteroffensive Phase III and the
Vietnam Counteroffensive Phase III TET 68 Counteroffensive.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that at the time of the
applicant's assignment to Company E, 2nd Battalion (Airborne), 502nd
Infantry, 101st Airborne Division (Airmobile) in Vietnam, the unit was
awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation by Headquarters, Department of the Army, General Orders Number 48
(1971).  This document also shows that, at the time of the applicant's
assignment, the unit was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation by Headquarters, Department of the
Army, General Orders Number 8 (1974).

17.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

19.  Army Regulation 600-8-22, Paragraph 8-6, provides for award of the
Combat Infantryman Badge.  That paragraph states 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.
20.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation established the criteria for
award of the Combat Infantryman Badge as the man who trained, lived, and
fought as an infantryman.  It stated that the Combat Infantryman Badge is
the unique award established to recognize the infantryman and only the
infantryman for his service and further added, “The Combat Infantryman
Badge is not an award for being shot at or for undergoing the hazards of
day-to-day combat.”  This regulation also stated the Combat Infantryman
Badge was authorized for award to infantry officers and to enlisted
Soldiers who have an infantry MOS and required that they must have served
in active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.  Award of the Combat Infantryman Badge
during the Vietnam-era was announced in unit special orders, normally
published at battalion or brigade level.  In addition, in similar cases
regarding enlisted Soldiers, the Military Awards Branch, U.S. Army Human
Resources Command, has advised that during the Vietnam-era the Combat
Infantryman Badge was awarded only to enlisted Soldiers who held and served
in MOS 11B, 11C, 11F, 11G, or 11H.

21.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

22.  Army Regulation 600-8-22 provides that the Army Commendation Medal may
be awarded to any member of the Armed Forces of the United States who,
while serving in any capacity with the Army after 6 December 1941,
distinguished himself or herself by heroism, meritorious achievement or
meritorious service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

23.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.


24.  Army Regulation 600-8-22 provides, in pertinent part, that the Air
Medal is awarded in time of war for heroism and for meritorious achievement
or service while participating in aerial flight.  This award is primarily
intended for personnel on flying status, but may also be awarded to those
personnel whose combat duties require them to fly, for example, personnel
in the attack elements of units involved in air-land assaults against an
armed enemy.  As with all personal decorations, formal recommendations,
approval through the chain of command, and announcement in orders are
required.

25.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

26.  Army Regulation 600-8-22 also provides, in pertinent part, for award
of a bronze service star, based on qualifying service, for each campaign
listed in Appendix B of this regulation and states that authorized bronze
service stars will be worn on the appropriate service medal, which includes
the Vietnam Service Medal.

27.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

28.  Army Regulation 670-1, in effect at the time, governs the requirements
for the Overseas Service Bar.  In pertinent part, it provides that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States for
the specific time frames and areas of operation cited in Army Regulation
670-1, or appropriate Department of the Army message.  For Vietnam service,
1 Overseas Service Bar is authorized for each period of 6 months active
Federal service as a member of a U.S. Service in Vietnam from 1 July 1958
to 28 March 1973.  Both the month of arrival and the month of departure
from Vietnam are counted as whole months for credit toward the Overseas
Service Bar.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to award of the Combat
Infantryman Badge was carefully considered and found to have merit.

2.  Although there are no orders or evidence of record that shows the
applicant was awarded the Combat Infantryman Badge, the evidence of record
shows that while serving in Vietnam during the period under review, the
applicant was an infantryman performing infantry duties, assigned to an
infantry company during such time as the unit was engaged in active ground
combat, and that he actively participated in such ground combat.  The
evidence of record further shows that while on a combat operation the
applicant engaged a hostile force and was awarded the Purple Heart for
wounds received in action while serving in Vietnam. In view of the
foregoing, the available evidence supports award of the Combat Infantryman
Badge in this case.  Therefore, the applicant is entitled to correction of
his records to show award of the Combat Infantryman Badge.

3.  Although there are no orders that show the applicant was awarded the
Good Conduct Medal, there also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His conduct and efficiency ratings were “excellent” throughout his
military service.  Therefore, he is entitled to the award of the Good
Conduct Medal for the period 8 June 1967 through 16 September 1969 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.

4.  General Orders awarded the applicant the Purple Heart for wounds
received in action on 10 March 1968, while serving in Vietnam.  Therefore,
the applicant is entitled to correction of his records to show award of the
Purple Heart.

5.  General Orders awarded the applicant the Air Medal for meritorious
achievement while participating in aerial flight.  Therefore, the
applicant's records should be corrected to show award of the Air Medal.

6.  Records show that the applicant served in three campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 3
bronze service stars to be affixed to his Vietnam Service Medal.

7.  General Orders awarded the applicant’s unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

8.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

9.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to
correct his records to show this badge.

10.  Records show that the applicant served a total of 13 months in
Vietnam.  Therefore, he is entitled to correction of his records to show
the award of
2 Overseas Service Bars.

BOARD VOTE:

___TAP _  ___ENA_  ___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.  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 for
satisfactory performance of infantry duties in active ground combat;

      b.  awarding the applicant the Good Conduct Medal for exemplary
conduct efficiency, and fidelity during the period 8 June 1967 through 16
September 1969;

      c.  correcting his DD Form 214 by deleting the Vietnam Service Medal;
and

      d.  correcting his DD Form 214 to add the Combat Infantryman Badge,
the Purple Heart, the Good Conduct Medal, the Air Medal, the Vietnam
Service Medal with 3 bronze service stars, the Republic of Vietnam Civil
Actions Honor

Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, the Expert Marksmanship Qualification Badge with
Rifle Bar, and 2 Overseas Service Bars.




                                  ____Thomas A. Pagan____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/13                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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