IN THE CASE OF:
BOARD DATE: 21 AUGUST 2008
DOCKET NUMBER: AR20080007884
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 the Combat Infantryman Badge and the Bronze Star Medal be included on his Report of Transfer or Discharge (DD Form 214).
2. The applicant states that his record is in error because he was in Vietnam as an infantryman, which is supported by his award of the Purple Heart and his citation for award of the Bronze Star Medal.
3. The applicant provides in support of his application a copy of his citation for award of the Purple Heart.
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 applicants 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 applicants 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 on 18 November 1965 in Seattle, Washington. He successfully completed his training as a light weapons infantryman (11B40). He was transferred to Vietnam on 23 April 1966 and he was assigned to Company B, 2nd Battalion, 35th Infantry Regiment, 3rd Brigade, 25th Infantry Division.
3. The applicant was wounded in action on 10 May 1967 while he was in Vietnam and he was awarded the Purple Heart in General Orders Number 1042, dated 26 May 1967, for wounds received in connection with military ground operations against a hostile force.
4. On 21 July 1967, General Orders Number 2151 was published awarding the applicant the Bronze Star Medal for meritorious service in connection with military operation against a hostile force May 1966 through May 1967.
5. The applicant returned to the Continental United States on 26 May 1967.
6. On 24 October 1967, General Orders Number 29 was published awarding the applicant the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity for the period 18 November 1965 through 17 November 1967.
7. On 17 November 1967, the applicant was honorably released from active duty (REFRAD) and he was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, two Overseas Service Bars, the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and the Purple Heart. However, the Bronze Star Medal and the Army Good Conduct Medal were not included on his DD Form 214.
8. 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 (formerly known as the Total Army Personnel 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.
DISCUSSION AND CONCLUSIONS:
1. Errors were made during the preparation of the applicant's DD Form 214 which resulted in the omission of his Bronze Star Medal and his Good Conduct Medal.
2. His records show that he was awarded the Bronze Star Medal in General Orders Number 2151, dated 21 July 1967 and the Good Conduct Medal in General Orders Number 29, dated 24 October 1967. It would now be appropriate to include these awards on his DD Form 214.
3. Additionally, the applicant's records show that he is entitled to the award of the Combat Infantryman Badge. While he was in the Army he served in an infantry MOS and he was assigned to an infantry brigade. He engaged in military ground operations against a hostile force as evident by his award of the Purple Heart. According to the applicable regulation, he is entitled to the Combat Infantryman Badge and this award should also be included on his DD Form 214.
4. In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 amending his DD Form 214 to show that he was awarded the Bronze Star Medal and the Good Conduct Medal, and awarding him the Combat Infantryman Badge effective 10 May 1967, while serving in the rank of sergeant (E-5).
2. The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his honorable service in arms.
___ 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.
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