RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 January 2008
	DOCKET NUMBER:  AR20070012368 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones, II

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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 award of the Combat Infantryman Badge and proof of military service to proceed with a Post Traumatic Stress Disorder (PTSD) claim.

2.  The applicant states that he served in an Infantry unit in the Republic of Vietnam and that due to an unknown reason, he was not awarded the Combat Infantryman Badge. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 25 September 1969.

	b.  Certificate, Citation, and General Orders Number 9281, dated 25 September 1968, showing he was awarded the Air Medal.

	c.  Certificate, Citation, and General Orders Number 1663, dated 13 February 1969, showing he was awarded the Army Commendation Medal.

	d.  Certificate and General Orders Number 1682, dated 13 February 1969, showing he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device. 

	e.  Certificate and General Orders Number 1662, dated 13 February 1969, showing he was awarded the Army Commendation Medal (2nd Oak Leaf Cluster) with "V" Device. 

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 records show that he was inducted into the Army of the United States on 26 September 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  The highest rank he attained during his military service was sergeant/E-5 (Temporary).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 25 September 1969.

3. The applicant’s records further show that he served in the Republic of Vietnam from March 1968 to February 1969.  He was assigned to Company C, 4th Battalion, 39th Infantry, 9th Infantry Division.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) is not available for review with this case.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Good Conduct Medal, the Air Medal, the Army Commendation Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Presidential Unit Citation with Palm, and two Overseas Bars.  Item 24 does not list award of the Combat Infantryman Badge. 

6.  The applicant was awarded the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 29 December 1968.  Headquarters, 9th Infantry Division, General Orders Number 1682, dated 13 February 1969, cited the following reason:

[Applicant] distinguished himself on 29 December 1968 while serving as a Rifleman with Company C, 4th Battalion, 9th Infantry, on a reconnaissance in force mission near Vinh Kim.  After his platoon became pinned down by intense hostile fire in an area of dense vegetation, [Applicant] courageously exposed himself to the fusillade as he maneuvered to relocate the remainder of the company and lead them to his platoon's location.

7.  The applicant was also awarded the Army Commendation Medal (2nd Oak Leaf Cluster) with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 8 December 1968.  Headquarters, 9th Infantry Division, General Orders Number 1662, dated 13 February 1969, cited the following reason:
[Applicant] distinguished himself on 8 December 1968 while serving as a Squad Leader with Company C, 4th Battalion, 9th Infantry, on a reconnaissance in force mission.  While walking point for his company [Applicant] sighted five enemy Soldiers in a wood-line to his front and courageously took up an exposed position to place effective fire against them.  His actions prevented a possible ambush and resulted in the capture of two enemy weapons.  

8.  There are no General Orders in the applicant’s records that show he was awarded the Combat Infantryman Badge.

9.  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.

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

11.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 16, dated 18 January 1968, show that the applicant was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), on 8 December 1967; the Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81 mm), on 10 January 1968; and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), on 12 January 1968.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 31, dated 1969.



13.  Department of the Army Pamphlet 672-3 shows the applicant’s unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders Number 59, dated 1969.

14.  Department of the Army Pamphlet 672-3 shows the 4th Battalion, 39th Infantry, was awarded the Valorous Unit Award, during the period 6 May 1968 to 12 May 1968, based on Department of the Army General Orders Number 43, dated 1970.

15.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 25 September 1969, shows he was awarded the Vietnam Service Medal.

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the Tet 69 Counteroffensive, 1969, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

17.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service (emphasis added).  It is important that information entered on the form should be complete and accurate. This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  The DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was an infantryman assigned to an infantry unit which engaged the enemy in ground combat in the Republic of Vietnam.  There is sufficient evidence to show that he was actively participating in such ground combat.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

2.  The Army Board for Correction of Military Records (ABCMR) does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant is advised to contact his local Veterans Administration representative with a copy of his DD Form 214, which provides him with documentary evidence of his military service, to establish his eligibility for benefits.

3.  General Orders show the applicant was awarded two awards of the Army Commendation Medal with "V" Device in addition to his already-shown Army Commendation Medal.  Therefore, he is entitled to correction of his records to show award of the Army Commendation Medal (2nd Oak Leaf Cluster) with "V" Device.

4.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber), and the Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81 mm).  Therefore, he is entitled to correction of his records to show these awards.

5.  Orders show that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and the Valorous Unit Award.  Therefore, he is entitled to correction of his records to show these awards.

6.  Evidence of record shows that the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to the Vietnam Service Medal.

BOARD VOTE:

__fcj___  __lmd___  __mjf___  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 serving in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, in December 1968; and

	b.  showing award of the Combat Infantryman Badge, the Army Commendation Medal (2nd Oak Leaf Cluster) with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Valorous Unit Award, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81 mm), the Marksmanship Qualification Badge with Pistol Bar (.45 caliber), and one silver service star to be affixed to his already-awarded Vietnam service Medal.



							Frank C. Jones, II
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR20070012368
SUFFIX

RECON

DATE BOARDED
20080108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.