RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  08 May 2008
	DOCKET NUMBER:  AR20070018094 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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, that he be awarded the Combat Infantryman Badge. 

2.  The applicant essentially states that he was assigned to an infantry company and received the Purple Heart for wounds while a part of that unit, but was never awarded the Combat Infantryman Badge. 

3.  Although the applicant indicated that he provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this application, no additional evidence was received with 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 military records show that he was inducted into the Army of the United States on 14 December 1967.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He departed for the Republic of Vietnam on 24 May 1968, and was assigned to Company B, 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade on 29 May 1968, where he served as a grenadier in MOS 11B.  On 7 July 1968, the applicant was seriously wounded in action with multiple fragmentation wounds to his head, neck, and extremities, which ultimately led to his placement on the temporary disability retired list on 17 February 1969.  On 
31 May 1973, he was retired due to permanent physical disability.  His DD Form 214 shows that 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 M-14 and M-16 Rifle Bars and Machinegun Bar.
3.  The applicant's military records do not show that he was awarded the Combat Infantryman Badge.  However, the evidence clearly shows that the applicant was an infantry Soldier serving in an infantry MOS with an infantry company when he was seriously wounded in action on 7 July 1968, and that he was awarded the Purple Heart.

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  The applicant’s records show that he served 1 year, 2 months, and 4 days of continuous enlisted active duty service from 14 December 1967 to 17 February 1969.  However, his military records do not show that he was awarded the Good Conduct Medal for this period of service.  His conduct and efficiency ratings were rated as "excellent" for the entire period of this qualifying period of service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.

6.  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 the 5th Battalion, 46th Infantry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.

7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he was credited with participating in the Vietnam Counteroffensive Phase IV campaign and the Vietnam Counteroffensive Phase V campaign.

8.  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 or MOS.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge.

2.  The evidence of record clearly shows that the applicant was an infantry Soldier serving in an infantry MOS with an infantry company when he was seriously wounded in action on 7 July 1968.  In view of the foregoing, it would be appropriate at this time to award him the Combat Infantryman Badge, and correct his military records to show the award of the Combat Infantryman Badge.

3.  The applicant served 1 year, 2 months, and 4 days of continuous enlisted active duty service from 14 December 1967 to 17 February 1969, and his conduct and efficiency ratings were rated as "excellent" for the entire period of this qualifying period of service.  There is also no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Good Conduct Medal for the period 14 December 1967 to 17 February 1969, and correct his military records to show the award of the Good Conduct Medal.

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 5th Battalion, 46th Infantry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show this unit award.

5.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 him the Combat Infantryman Badge for engaging in active combat with the enemy on 7 July 1968 in Vietnam while serving as a private first class;

	b.  awarding him the Good Conduct Medal for the period 14 December 1967 to 17 February 1969 while serving as a private first class;

	c.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	d.  showing two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      ___        XXX                ___
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070018094



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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