IN THE CASE OF:	  

		BOARD DATE:	       16 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080005772 


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 award of the Combat Infantryman Badge.

2.  The applicant states that he served as a combat infantryman with the 4th Infantry Division in the Republic of Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 6 October 1967, 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 he was inducted into the Army of the United States on 22 November 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).   He was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) on 6 October 1967.  The highest rank he attained during his military service was private first class (PFC)/E-3.  

3.  The applicant’s records show he served in the Republic of Vietnam during the period 21 July 1966 to 22 April 1967.  He was assigned to Company B, 1st Battalion, 12th Infantry, 4th Infantry Division. 

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Purple Heart (1st Oak Leaf Cluster), the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge with Pistol Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show award of the Combat Infantryman Badge. 

5.  The applicant's records contain a Department of the Army message, dated 3 March 1967, stating that the applicant was wounded by metallic fragments to his head and right eye while he was on perimeter defense in the Republic of Vietnam, when hit by fragments from hostile mortar rounds on 2 March 1967.  He was initially hospitalized at the 85th Medical Evacuation Hospital in the Republic of Vietnam and subsequently evacuated to Camp Zama, Japan; transferred to Valley Forge General Hospital, Pheonixville, Pennsylvania; and then to Walter Reed Army Hospital in Washington D.C for follow-on treatment and rehabilitation.

6.  The applicant's records also contain a Western Union Telegram, dated 4 March 1970, informing the applicant's parents that he was seriously wounded in action in the Republic of Vietnam on 22 February 1970 as a result of hostile action.  He received fragment wounds to his extremities, colon, face, and heart when a booby trap exploded while in combat operations in the Republic of Vietnam.

7.  Headquarters, Walter Reed General Hospital, Walter Reed Army Medical Center, Washington, D.C. General Orders Number 342, dated 24 October 1967, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 2 March 1967.


8.  Headquarters, 18th Surgical Hospital, General Orders Number 13, dated 1 October 1966, show the applicant was also awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 1 October 1966.

9.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge.

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

11.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any award of the Combat Infantryman Badge on file for the applicant.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge (CIB).  This regulation states that there are basically three requirements for award of the CIB.  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 specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be 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.  Commanders were not allowed to make any exceptions to this policy.  During the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  

13.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 12th Infantry was awarded the Valorous Unit Award (11 November 1966 to 13 November 1966), based on Department of the Army General Orders Number 17, dated 1968; a second Valorous Unit Award (1 January 1967 to 5 April 1967), based on Department of the Army General Orders Number 43, dated 1970; the Republic of Vietnam 
Gallantry Cross with Palm Unit Citation (1 October 1966 to 28 July 1969), based on Department of the Army General Orders Number 3, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation              (1 October 1966 to 31 October 1969), based on Department of the Army General Orders Number 53, dated 1970.

15.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

16.  Appendix B of Army Regulation 600-8-22 shows that, during his service in the Republic of Vietnam from 21 July 1966 to 22 April 1967, the applicant participated in the Vietnam Counteroffensive, Phase II, campaign 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.

17.  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.  Furthermore, Item 38 (Record of Assignment) of the applicant’s DA Form 20 shows he received an “Excellent” conduct and efficiency ratings throughout his military service. 

18.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held an infantry MOS and satisfactorily performed duty while assigned as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  He was personally present and under hostile fire while serving in an assigned infantry primary duty.  Therefore, the applicant satisfied the requirements for award of the Combat Infantryman Badge and is entitled to correction of his records to show this award.

2.  General Orders awarded the applicant’s unit the 2 awards of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one bronze service star to be affixed to the Vietnam Service Medal.

4.  The evidence of record confirms that the applicant served honorably during the period 22 November 1965 to 6 October 1967.  He served in the Republic of Vietnam and was awarded two awards of the Purple Heart.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the 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.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   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;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 22 November 1965 to 6 October 1967; and

	c.  showing award of the Combat Infantryman Badge, the Good Conduct Medal (1st Award), two awards of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.



      ___        XXX                ___
                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)                                         AR20080005772



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ABCMR Record of Proceedings (cont)                                         AR20080005772



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