RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070005715 


	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:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Dean A. Camarella

Member

Mr. Qawiy A. Sabree

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 item 24 (Decorations, Medal, Badges, Commendations, Citation and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to show that he was awarded the Combat Infantryman Badge.  

2.  The applicant states, in effect, that he was awarded the Combat Infantryman Badge in the field while serving in Vietnam but it was never recorded on item 24, of his DD Form 214. 

3.  The applicant provides an additional statement.  He, in effect, describes and elaborates on the events that he alleges occurred while he served in Vietnam.  He stated that he served as a light weapons infantryman and was awarded the Combat Infantryman Badge, and the Purple Heart.  He concludes that the Combat Infantryman Badge was omitted as a result of poor records keeping on the part of his battalion.  He also provides a copy of VA Form 21-4138 (Statement in Support of Claim) which reiterate the events that were discussed in his additional statement.

4.  The applicant provides a copy of his DD Form 214; a copy of general orders and an award certificate awarding him the Purple Heart, for a wound he received on 20 February 1971; a copy of orders assigning him to Company A, 3rd Battalion, 21st Infantry Regiment; and a copy of DA Form 1577 (Authorization for Issuance of Awards), in support of his request.

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 record shows he was inducted into the Army of the United States on 8 June 1970.  He successfully completed basic combat training at Fort Dix, New Jersey, and advanced individual training at Fort Lewis, Washington.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.

3.  The applicant served in Vietnam from 10 November 1970 to 8 March 1971, with Company A, 3rd Battalion, 21st Infantry Regiment, 196th Infantry Brigade, as a rifleman, in MOS 11B.  He was promoted to specialist four (SP4/E-4) effective 12 August 1971.  He continued to serve until he was released from active duty on 10 January 1972.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training). 

4.  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, and the Expert Marksmanship Qualification Badge, with Rifle and Machinegun Bars.  His DD Form 214 does not show any additional awards.

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

6.  The applicant provided a copy of Headquarters, 23rd Infantry Division Special Order Number 323, dated 19 November 1970, which shows that he was assigned to Company A, 3rd Battalion, 21st Infantry Regiment, with a reporting date of 25 November 1970, in MOS 11B.

7.  The applicant provided a copy of an award certificate which shows that he was awarded the Purple Heart, on 22 May 1991, for wounds received in action on 20 February 1971, while serving in Vietnam.  He also provided a copy of Headquarters, 91st Evacuation Hospital (SMBL) General Orders Number 31, dated 21 February 1971, which shows that he was awarded the Purple Heart for wounds received in action on 20 February 1971, while assigned to Company A, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade.  This award is shown on his DD Form 214.

8.   Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial.  There is also no evidence that his commanders took action to deny him award of the Army Good Conduct Medal.
9.  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.

10.  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.

11.  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 Orders (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 and served as a rifleman, in MOS 11B, with Company A, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, 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 is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 8 June 1970 to 10 January 1972 ending with termination of a period of Federal military service.

3.  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.


BOARD VOTE:

_DC____  ___QS___  __JCF __  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 awarding the applicant the Combat Infantryman Badge; the Good Conduct Medal, for the period 8 June 1970 to 10 January 1972; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these awards to his DD Form 214.




_____Jeffrey C. Redmann______
          CHAIRPERSON




INDEX

CASE ID
AR20070005715
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070920
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19720110
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.