RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 December 2007 
	DOCKET NUMBER:  AR20070011147 


	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. John Heck

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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge. 

2.  The applicant states, in effect, that he was awarded the Combat Infantryman Badge and served in MOS (military occupational specialty) 11B2O.  He was assigned to an infantry unit and his DD Form 214 failed to mention his award of the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 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 20 October 1966.  He successfully completed basic combat training at Fort Lewis, Washington, 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.

3.  The applicant served in Vietnam from 4 April 1967 to 1 April 1968, with Headquarters and Headquarters Company (HHC) and Company C, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division, as a light weapons infantryman and automatic rifleman, in MOS 11B.  He was promoted to pay grade E-4 on 1 December 1967.  He continued to serve until he was released from active duty on 18 October 1968.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He was honorably discharged on 19 October 1972.

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 Soldier’s Medal; and the Purple Heart. His DD Form 214 does not show any additional awards.

5.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20 (Enlisted Qualification Record), showing he was awarded the Combat Infantryman Badge.

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 connection with military operations against a hostile force on 11 October 1967, while assigned to Company C, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division.  This award is shown on his DD Form 214.

8.  The applicant was awarded the Soldier’s Medal for heroism not involving actual conflict with an armed hostile force on 11 October 1967 while serving in Vietnam.  The orders indicate that he was serving as a rifleman with Company C, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division, on a search and clear mission in the jungles of Vietnam.  This award is shown on his DD Form 214. 

9.  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 and that his commanders took action to deny him award of the Army Good Conduct.

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.  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.

12.  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.  Army Regulation 600-8-22 provides that a
bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 

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) 5, dated 1969; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 31, dated 1969, 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 light weapons infantryman and automatic rifleman, in MOS 11B, with HHC and Company C, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division, while serving in Vietnam.  He served in active ground combat while assigned to an infantry unit.  The applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force and the Soldier’s Medal for heroism, while serving as a rifleman, on a search and clear mission in the jungles of Vietnam.  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 20 October 1966 to 18 October 1968, based on completion of a period of qualifying 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 award of 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 Valorous Unit Award and 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 these unit awards.

BOARD VOTE:

__QS____  __JR ___  __JH____ 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 20 October 1966 to 18 October 1968; the Vietnam Service Medal, with three bronze service stars; the Valorous Unit Award; 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
AR200700011147
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071213
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19681018
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.