IN THE CASE OF:	  

		BOARD DATE:	        4 September 2008

		DOCKET NUMBER:  AR20080006668 


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 (CIB).

2.  The applicant states that he should have been awarded the CIB based on his being assigned to an infantry unit and being wounded in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 of the United States on 5 December 1968.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  He was assigned to Vietnam on 23 May 1969 with Company D, 1st Battalion (Airmobile), 327th Infantry, in duty MOS 11B as a rifleman.

4.  Headquarters, 101st Airborne Division General Orders Number 8294, dated 5 July 1969, show the applicant was awarded the Purple Heart for wounds received in action on 22 June 1969.

5.  The applicant was medically evacuated from Vietnam on 16 July 1969.  He was credited with participation in the Tet 69 Counteroffensive Campaign and the Vietnam Summer-Fall Campaign.

6.  He was promoted to specialist four, E-4, on 4 February 1970.

7.  The applicant was retired from active duty on 23 August 1971 by reason of physical disability.  He completed 2 years, 8 months, and 19 days of active military service with no days of lost time.

8.  His DD Form 214 shows the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge as authorized awards.

9.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 1st Battalion, 327th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.

11.  Headquarters, Department of the Army, General Orders Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  Army Regulation 600-8-22 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 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

14.  Army Regulation 600-8-22, in pertinent part, authorizes 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.

15.  Army Regulation 672-5-1, 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held an infantry MOS and served as a rifleman with Company D, 1st Battalion (Airmobile), 327th Infantry, in Vietnam.  General orders show the applicant was awarded the Purple Heart for wounds he received in action on 22 June 1969, which is accepted as sufficient evidence to show he served in active ground combat.  Therefore, he has met the requirements for award of the CIB.

2.  The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).

3.  It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 5 December 1968 through 23 August 1971.

4.  The applicant was assigned to a unit during a period it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Later, all units which served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Headquarters, Department of the Army, General Orders Number 8, dated 1974.  Therefore, these foreign unit awards should be added to his DD Form 214.

5.  The applicant received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show two bronze service stars for wear on his Vietnam Service Medal.

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 by:

	a.  awarding him the Army Good Conduct Medal for the period 5 December 1968 through 23 August 1971; and

	b.  adding the CIB, the Republic of Vietnam Campaign Medal with 
Device (1960), the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry 

Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.



      _________xxxx____________
                 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)                                         AR20080006668



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ABCMR Record of Proceedings (cont)                                         AR20080006668



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