RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 January 2008
	DOCKET NUMBER:  AR20070012792 


	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. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Gerald J. Purcell

Chairperson

Mr. Donald L. Lewy 

Member

Mr. David W. Tucker

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 correction of his record to show award of the Combat Infantryman Badge.  

2.  The applicant states, in effect, that he served in the Republic of Vietnam in the capacity of Military Occupational Specialty (MOS) 11H (Infantry Direct Fire Crewman) and is entitled to award of the Combat Infantryman Badge. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 6 December 1967.

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 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 determine 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 filling.

2.  The applicant was inducted into the Army of the United States on 18 December 1967.  He completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).  

3.  The applicant's DD Form 214 shows that on 6 December 1967, he was honorably released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  The highest rank the applicant attained while serving on active duty was specialist four/pay grade E-4.  

4.  Records show that the applicant was assigned to Company B, 2nd Battalion, 16th Infantry.  


5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the applicant was awarded the Purple Heart, National Defense Service Medal, Vietnam Service Meal with 2 bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge.  

6.  Item 41 of the applicant's DD Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge.  

7.  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.

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

9.  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 B 2nd Battalion 16th Infantry 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 32, dated 1969.

10.  Department of the Army Pamphlet 672-3 also shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 12 July 1965 through 7 April 1970, based on Department of the Army General Orders Number 53, dated 1970.




11.  There is no evidence the applicant received the first 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.  His records do not contain any adverse information and item 38 of the applicant's DA Form 20 also shows that all of his recorded conduct and efficiency ratings were excellent.

12.  Army Regulation 600-8-22 provides, in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge.

2.  Evidence shows the applicant was awarded and served in an infantry MOS while assigned to an infantry unit of brigade, regimental or smaller size.  He was also awarded the Purple Heart for wounds received in action while assigned to this unit.  Therefore, there is sufficient evidence to show that the applicant met the criteria for award of the Combat Infantryman Badge in this case.

3.  Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

4.  Orders awarded the applicant’s unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

5.  The applicant is entitled to the first award of the Good Conduct Medal for the period 18 October 1965 through 6 December 1967 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.




BOARD VOTE:

_DWT____  __DLL__  _GJP ___  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 showing award of the Good Conduct Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




__Gerald J. Purcell_____
						          CHAIRPERSON



INDEX

CASE ID
AR200
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.