RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 February 2008
	DOCKET NUMBER:  AR20070014695 


	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:


Ms. Linda D. Simmons

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. John G. Heck

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.

2.  The applicant states that he met the requirements for award of the Combat Infantryman Badge during his service in the Republic of Vietnam. 

3.  The applicant provides a copy of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 12 March 1971 in support of his application.

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 11 June 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained during his military service was specialist four (SP4)/E-4.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 12 March 1971.

3. The applicant’s records further show that he served in the Republic of Vietnam from 10 November 1969 to 10 June 1970.  He was assigned as a Rifleman to Company A, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division (Light).

4.  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 with two bronze service stars, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Purple Heart.  Item 24 does not list award of the Combat Infantryman Badge. 

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

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he sustained a right ankle injury on 24 April 1970 during his service in the Republic of Vietnam.

7.  Item 38 (Record of Assignment) of the applicant's DAS Form 20 shows that the applicant was reported as a patient at the Medical Holding Company, U.S. Army Hospital, Camp Zama, Japan, on 29 May 1970, and was subsequently evacuated to the U.S. Army Hospital, Fort Sill, Oklahoma, on 12 June 1970. 

8.  Headquarters, 24th Evacuation Hospital, General Orders Number 94, dated 24 April 1970; show that the applicant was awarded the Purple Heart for wounds received in action on 24 April 1970 in the Republic of Vietnam.

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 188, dated 5 August 1969; show that the applicant was awarded the Expert Marksmanship Qualification Badge Rifle Bar (M-16), on 14 August 1969.

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 5, dated 1973.  

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 51, dated 1971.

14.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

15.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

16.  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.  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. 

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was an infantryman assigned to an infantry unit and he was awarded the Purple Heart for wounds received in action during his service in the Republic of Vietnam.  There is also sufficient evidence to show that he actively participated in ground combat.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.


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

3.  Special Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his records to show this award. 

4.  The evidence shows the applicant served a qualifying period in the Republic of Vietnam for award of one Overseas Service Bar.  Therefore, he is entitled to correction of his records to show this award.

5.  Evidence of record confirms the applicant served honorably during the period from 11 June 1969 to 12 March 1971.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his first award of the Good Conduct Medal based on completion 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:

__lds___  __lmd___  __jgh___  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, on 24 April 1970;



	b.   awarding the applicant the Good Conduct Medal (1st Award for exemplary behavior, efficiency, and fidelity during the period 11 June 1969 to 12 March 1971; and

	c.  showing award of the Combat Infantryman Badge, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).



						Linda D. Simmons
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
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.