IN THE CASE OF:	  

		BOARD DATE:	      24 September 2008

		DOCKET NUMBER:  AR20080005322 


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 that he be awarded the Combat Infantryman Badge.

2.  The applicant states he served in Vietnam as an infantryman.  He was wounded in combat as shown by his award of the Purple Heart and he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with “1960-“ Device.  To wear the Combat Infantryman Badge without proper validation and correction of his DD Form 214 (Report of Transfer or Discharge) is in violation of the Stolen Valor Act.

3.  The applicant provides a copy of his 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 entered active duty on 13 August 1965.  He completed basic training, advanced training, and basic airborne training and was awarded the military occupational specialty (MOS) 11B1P (Light Weapons Infantryman - Parachute qualified).

3.  Upon completion of his basic airborne training the applicant was authorized to purchase and wear the Basic Parachutist Badge.

4.  The record shows the applicant completed arms qualification testing and was authorized to purchase and wear the Bayonet Badge.

5.  While serving in Vietnam the applicant was wounded in combat on 19 May 1966.  The wounds were serious enough to warrant his medical evacuation from Vietnam to the Continental United States for treatment.  Orders for award of the Purple Heart are not incorporated in the applicant’s personnel file.

6.  The applicant completed his period of obligated service and was honorably released from active duty on 14 August 1968.  His DD Form 214 shows he was awarded the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with “1960-“ Device, the Parachutist Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, and the “Bayonet Badge”.

7.  The applicant’s DA Form 20 shows the following pertinent information:

   a.  service in Vietnam as a rifleman with Company C, 1st Battalion, 2nd Infantry Regiment from 1 March 1966 through 20 May 1966;
   
   b.  service in Korea with Company C, 2nd Battalion, 31st Infantry Regiment from 18 February 1967 through 22 March 1968;
   
   c.  he received a gunshot wound to the jaw and shrapnel wounds to the chest; and
   
   d.  award of the Purple Heart (on 24 May 1966), the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Parachutist Badge, and qualified for the Marksmanship Qualification Badge at all three levels (expert, sharpshooter, and marksman) with the M-14 rifle.

8.  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 while the applicant was assigned to the 1st Battalion, 2nd Infantry Regiment it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  In pertinent part it states:

  a.  there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for Special Forces personnel (less the Special Forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for Special Forces personnel are not authorized.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or Special Forces primary duty, in a unit actively engaged in ground combat with the enemy.  The Awards Branch, Total Army Personnel Command (currently known as the Human Recourses 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; 

  b.  the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The service member must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days from 28 July 1954 to a date to be determined by the Secretary of Defense; and

  c. a bronze service star, based on qualifying service, is authorized for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during one campaign period, the Vietnam Counteroffensive, 25 December 1965 – 30 June 1966.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s record clearly shows he was an 11B light weapons infantryman, assigned to an infantry company, and was engaged in active ground combat.  Therefore, it is appropriate to award him the Combat Infantryman Badge.

2.  The applicant served in Korea during a period for which the Korea Defense Service Medal was authorized.  Therefore, it is appropriate to award him the Korea Defense Service Medal.  

3.  In addition to the awards listed on his DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  The applicant served in Vietnam during one campaign period and is authorized to wear one bronze service star on his Vietnam Service Medal.

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: 

   a.  awarding him the Combat Infantryman Badge and the Korea Defense Service Medal; and 
   b. 
 showing that in addition to the awards listed on his DD Form 214, the applicant is authorized the Korea Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Combat Infantryman Badge, and one bronze service star to be worn on his Vietnam Service Medal.




      _______ _  X _______   ___
               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)                                         AR20080005322



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ABCMR Record of Proceedings (cont)                                         AR20080005322



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