IN THE CASE OF:	 

		BOARD DATE:	         26 August 2008

		DOCKET NUMBER:  AR20080007045 


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 correction of his record to show award of the Combat Infantryman Badge.  

2.  The applicant states, in effect, that his record should have included the Combat infantryman Badge.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 was inducted into the Army of the United States on 27 March 1968.  He completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant's DD Form 214 shows that on 26 March 1970, he was honorably released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  The highest rank the applicant attained while serving on active duty was sergeant/pay grade E-5.  

4.  Records show that the applicant was assigned to Company A, 1st Battalion, 46th Infantry of the 198th Infantry Brigade.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 
214 does not show award of the Combat Infantryman Badge.  Item 24 does show he was awarded the Purple Heart, the National Defense Service Medal, the Vietnam Service Meal with 2 bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Good Conduct Medal (1st Award), the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 Rifle, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the (M-14), and 2 Overseas Service Bars.  

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

7.  Item 31 (Foreign Service) of the applicant's DD Form 20 shows he was stationed in the Republic of Vietnam during the period 31 August 1968 through 27 August 1969.

8.  Item 41 of the applicant's DD Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge.  

9.  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 military occupational specialty (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 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.

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

11.  The applicant's record shows that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show all of the bronze service stars he is entitled.  The applicant's service record and Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive Phase V; the Vietnam Counteroffensive Phase VI; the TET 69 Counteroffensive,1969; and the Vietnam Summer-Fall 1969 campaigns during his tour of duty in 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.

12.  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 25th Infantry Division, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat Infantryman Badge.

2.  Evidence shows the applicant was awarded and served in an infantry MOS while assigned to an infantry unit of brigade, regimental or smaller size.  He was also awarded the Purple Heart for wounds received in action while assigned to this unit.  Therefore, there is sufficient evidence to show that the applicant met the criteria for award of the Combat Infantryman Badge in this case.

3.  Records show that the applicant participated in four campaigns during his service in Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 

4.  Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.





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.  deleting the Vietnam Service Medal with 2 bronze service stars; and

	b.  adding the award of the Combat Infantryman Badge, Vietnam Service Medal with 4 bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ___________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)                                         AR20080007045



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ABCMR Record of Proceedings (cont)                                         AR20080007045



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