RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 August 2007
	DOCKET NUMBER:  AR20070004398 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Ernestine Fields

Member

Mr. Randolph J. Fleming

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. 

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) failed to show the Combat Infantryman Badge. 

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 5 July 1968, the date of his release from active duty.  The application submitted in this case is dated 12 March 2007.

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 2 June 1966.  The applicant successfully completed basic combat training at Fort Benning, Georgia, and advanced individual training at Fort Polk, Louisiana.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.

4.  The applicant was promoted to pay grade E-4 on 5 July 1967.  He served in Vietnam from 12 November 1966 to 8 November 1967 with Company A, 2nd Battalion, 35th Infantry Regiment, as a Rifleman, in MOS 11B.

5.  The applicant served until he was released from active duty on 5 July 1968.  He was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training).  He served until he was honorably discharged on 1 June 1972, in MOS 11B.

6.  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; one Overseas Service Bar; the Purple Heart; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar,       (M-14 Rifle); the Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar, (M-16 Rifle); and the Second Class Gunner Marksmanship Qualification Badge, with Machinegun Bar (M-60).  His DD Form 214 does not show any additional awards.

7.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge. 

8.  The applicant was awarded the Purple Heart for wounds received in action on 12 March 1967, while assigned to Company A, 2nd Battalion, 35th Infantry Regiment, 3rd Brigade Task Force, 25th Infantry Division.  This award is shown on his DD Form 214.

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.  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 specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his
service.  Further, "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 and warrant officer persons who have an infantry military occupational specialty (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.



11.  Army Regulation 670-1 (Uniforms and Insignia), 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.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

12.  For Vietnam service, one 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.

13.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Valorous Unit Award, by Department of the Army General Orders (DAGO) 43, dated 1972; the Meritorious Unit Commendation, by DAGO Number 17, dated 1969; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 53, dated 1970, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant held an infantry MOS and served as a rifleman, in MOS 11B, with Company A, 2nd Battalion, 35th Infantry Regiment, while serving in Vietnam.  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 received in connection with military ground operations against a hostile force, while assigned in MOS 11B.  He is therefore entitled to award of the Combat Infantryman Badge and to have it added to his DD Form 214.

2.  The applicant's DD Form 214 shows that he was awarded one Overseas Service Bar for his service in Vietnam.  However, he served in Vietnam from 12 November 1966 to 8 November 1967, which equated to 11 months and 27 days, and entitled him to two Overseas Service Bars instead of the one Overseas Service Bar currently shown on his DD Form 214.  Therefore, he is entitled to two Overseas Service Bars to be shown on his DD Form 214.

3.  The applicant's unit was cited for award of the Valorous Unit Award; the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 July 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 4 July 1971.  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:

__LDS___  __RJF__  __EF____  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 awarding the applicant the Combat Infantryman Badge; two Overseas Service Bars; the Valorous Unit Award; the Meritorious Unit Commendation; the  Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and adding these awards to his DD Form 214.




__   _Linda D. Simmons______
          CHAIRPERSON




INDEX

CASE ID
AR20070004398
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070807
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19680705
DISCHARGE AUTHORITY
AR 635-200, CHAP 2
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.