RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070015695 


	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. Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David R. Gallagher

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, in effect, that the Combat Infantryman Badge was left off his records due to an administrative oversight.  

3.  The applicant provides a copy of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 13 November 1968 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 13 July 1967.  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.  

3.  The applicant's records further show that he was honorably separated for disability and placed on the Temporary Disability Retirement List (TDRL) on 13 November 1968.  The DD Form 214 he was issued at the time of his separation for temporary disability shows he completed 1 year, 4 months, and 10 days of active military service.  He was subsequently removed from the TDRL and retired for permanent disability on 31 March 1972. 

4. The applicant’s records further show that he served in the Republic of Vietnam from 8 January 1968 to 26 May 1968.  He was assigned as a Rifleman to Company C, 2nd Battalion, 22nd Infantry Regiment, 25th Infantry Division (Light).
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 Purple Heart, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not list award of the Combat Infantryman Badge. 

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

7.  Item 38 (Record of Assignment) of the applicant's DA Form 20 shows that the applicant was reported as a patient at the Medical Holding Company, U.S. Army Hospital, Camp Zama, Japan, on 6 May 1968, and was subsequently evacuated to the Medical Holding Company at Brooke General Hospital, Fort Sam Houston, Texas, on 27 May 1968.

8.  Headquarters, 12th Evacuation Hospital, General Orders Number 101, dated 7 May 1968, show that the applicant was awarded the Purple Heart for wounds received in action on 6 May 1968 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, 1st Training Brigade, U.S. Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 191, dated 16 October 1967, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60), on 3 October 1967.

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 48, dated 1971.  
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.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

17.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases III and IV, and the TET Counteroffensive 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was an infantryman assigned to an infantry unit and that he was awarded the Purple Heart for wounds received in action during his service in the Republic of Vietnam.  There is sufficient evidence to show that he was actively participating 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 which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards.

3.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) that is not shown on his records.  Therefore, he is entitled to correction of his records to show this award. 

4.  Evidence of record confirms that the applicant served honorably during the period 13 July 1967 to 13 November 1968.  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.

5.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

BOARD VOTE:

__rtd___  __mjnt__  __drg___  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 6 May 1968;

	b.   awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 July 1967 to 13 November 1968; 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, the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and three bronze service stars to be affixed to his already awarded Vietnam Service Medal.




						Richard T. Dunbar
______________________
          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.