IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080001632 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was awarded the Purple Heart for wounds received by hostile forces while with the 196th Infantry in Vietnam.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 22 May 1970; Company A, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, Americal Division Unit Orders Number 9, dated 17 February 1969; and Headquarters, U.S. General Leonard Wood Army Hospital General Orders Number 16, dated 13 February 1970.

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 was inducted into the Army on 28 May 1968 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The applicant was later awarded MOS 95C (Corrections Specialist).

3.  The applicant arrived in Vietnam and was assigned to A Company, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, Americal Division on or about 
17 October 1968 where he performed duties as a rifleman.  

4.  Headquarters, U.S. General Leonard Wood Army Hospital General Orders Number 16, dated 13 February 1970, show that the applicant received the Purple Heart for wounds received in connection with military operations against a hostile force on 22 March 1969.

5.  The applicant departed Vietnam in March 1969 after being credited with participating in three campaigns.

6.  The applicant was honorably released from active duty on 22 May 1970 in the rank of Specialist Five/E-5 after completing 1 year, 11 months, and 29 days of creditable active service.  

7.  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 with Device (1960), the Purple Heart, one Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.  

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.



11.  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 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 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.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, 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.

13.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was awarded the Purple Heart while assigned to A Company, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, Americal Division while serving as an infantryman in an infantryman MOS position.  It appears he is therefore eligible for award of the Combat Infantryman Badge.

2.  The applicant was separated in the rank of Specialist Five with 1 year, 
11 months, and 29 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 24 May 1968 through 22 May 1970.
3.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add this award.

4.  The applicant met the eligibility criteria for award of three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  This award should be added to his DD Form 214.

BOARD VOTE:

___xx___  ___xx___  ___xx___  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:

	a.  by awarding the applicant the Army Good Conduct Medal 
(1st Award) for the period 24 May 1968 through 22 May 1970; 

      b.  by awarding him the Combat Infantryman Badge; and

	c.  by amending his DD Form 214 to add the Army Good Conduct Medal (1st Award), the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.




       _    _xxxxxx___   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080001632





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ABCMR Record of Proceedings (cont)                                         AR20080001632



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