RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 MAY 2008
	DOCKET NUMBER:  AR20080001988 


	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:




Chairperson



Member



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 that his records be corrected to show the award of the Combat Infantryman Badge.

2.  The applicant states he should have been awarded the Combat Infantryman Badge.

3.  The applicant provides a copy of his separation document (DD Form 214).

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 personnel record shows he enlisted in the Regular Army on 19 September 1968.  He completed the necessary training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served as an Infantryman with Company E, 1st Battalion, 8th Cavalry,  
1st Cavalry Division in the Republic of Vietnam during the period 14 February 1969 to 26 March 1969.  The 1st Cavalry Division was an Air Mobile Infantry unit with organic helicopter and Artillery elements during the war in the Republic of Vietnam.  

4.  He received multiple fragment wounds to his right thigh, right forearm, left arm and hand, with fractures of his left ulna and 5th Metacarpal.  He sustained his injuries while he engaged hostile forces in a firefight at a landing zone in the Republic of Vietnam.

5.  The applicant was permanently retired from active duty by reason of physical disability on 7 May 1970.  He completed 1 year, 7 months, and 19 days of Total Active Service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Vietnam Service Medal with  
2 bronze service stars, Purple Heart, and the Expert Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the award of the Combat Infantryman Badge.

7.  His personnel record shows that he was awarded the Purple Heart for wounds he received in connection with military operations against a hostile force on  
21 March 1969.

8.  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 (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  A review of the applicant's record shows entitlement to additional awards and decorations not shown on his DD Form 214.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the applicant was separated, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  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.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that Company E, 1st Battalion,  
8th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit 



Citation, based on Department of the Army General Order Number 59, dated 
1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, based on Department of the Army General Order Number 42, dated 1972.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period
1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show the award of the Combat Infantryman Badge.

2.  The evidence shows the applicant was assigned as an 11B Infantryman while assigned to Company E, 1st Battalion, 8th Cavalry, 1st Cavalry Division during the war in the Republic of Vietnam.  The 1st Cavalry Division was an Air Mobile Infantry unit with organic helicopter and Artillery elements during the war in the Republic of Vietnam.

3.  Additionally, evidence shows he was awarded the Purple Heart for wounds he received in connection with military operations against a hostile force on  
21 March 1969.  The evidence clearly shows the applicant was personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Therefore, the applicant is entitled to correction of his records to show the Combat Infantryman Badge.

4.  Records show he is authorized the Army Good Conduct Medal (first award) based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military 
service.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore he is entitled to correction of his records to show this award.

5.  Evidence shows the applicant is authorized the awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his records to show these awards.

BOARD VOTE:

___X_____  __X_____  _X_____  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 the awards of the Combat Infantryman Badge, Army Good Conduct Medal (first award) for the period 19 September 1968 through 7 May 1970, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Campaign Medal with Device (1960).




      	_________X_____________
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080001988



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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