IN THE CASE OF:	  

	BOARD DATE:	  29 JULY 2008

	DOCKET NUMBER:  AR20080006992 


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, in effect, that he be awarded the Combat Infantryman Badge. 

2.  The applicant states that he should be awarded the Combat Infantryman Badge.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Honorable Discharge Certificate; and orders, dated 5 September 1966, which awarded him the Bronze Star Medal with "V" (for Valor) Device in support of this 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 military records show that he enlisted in the Regular Army on 10 January 1964.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 310 (Field Communications Crewman), and was later awarded MOS 36K (Wireman).  After initially serving his first permanent duty assignment at Fort Benning, Georgia, he departed for a tour in Hawaii on 30 May 1965, and was assigned to the 1st Battalion, 14th Infantry Regiment.  His unit made a permanent change of station to Vietnam on 
4 January 1966.  He returned to the continental United States on 9 January 1967, and was honorably released from active duty on 10 January 1967.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Bronze Star Medal with "V" Device, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

3.  The applicant's military records do not show that he was awarded the Combat Infantryman Badge.  However, the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 28 July 1966.  The orders which awarded him the Bronze Star Medal with "V" Device essentially show that he was the radio operator for the commander of Company A, 1st Battalion, 14th Infantry Regiment during a bitter fire fight.  Theses orders also show that the applicant constantly maneuvered his position to not only provide his company commander with constant communications, but also to assist his comrades in contact, and administered first aid to many of the wounded and resupplied the troops with ammunition while under heavy fire.  These orders further show that on one occasion, the applicant stepped in front of his company commander and outshot an enemy sniper who was about to shoot his company commander.

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  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, at the time of the applicant’s assignment to the 1st Battalion, 14th Infantry Regiment, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971.

6.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his assignment in Vietnam, the applicant was credited with participating in the Vietnam Counteroffensive campaign and the Vietnam Counteroffensive Phase II campaign.

7.  The applicant's DD Form 214 does not show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  However, he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar by Headquarters, 2nd Infantry Division, Fort Benning, Georgia Special Orders Number 40, dated 
15 February 1965.

8.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge.

2.  The evidence of record clearly shows that the applicant served as a radio operator while assigned to an infantry company and was personally present and under fire on 28 July 1966.  In view of the foregoing, it would be appropriate at this time to award him the Combat Infantryman Badge, and to correct his military records to show the award of the Combat Infantryman Badge.

3.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 1st Battalion, 14th Infantry Regiment while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show this unit award.

4.  The applicant participated in two campaigns during his service in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

5.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with Rifle Bar.

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 him the Combat Infantryman Badge for engaging in active combat with the enemy on 28 July 1966 in Vietnam while serving as a specialist four;

	b.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

	c.  showing two bronze service stars to be affixed to his already awarded Vietnam Service Medal; and

	d.  showing the award of the Expert Marksmanship Qualification Badge with Rifle Bar.




      ___        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)                                         AR20080006992



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ABCMR Record of Proceedings (cont)                                         AR20080006992



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