IN THE CASE OF:	  

	BOARD DATE:	    12 August 2008

	DOCKET NUMBER:  AR20080008055 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was wounded in combat as an infantryman and should have received the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214.

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.  On 4 May 1966, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 2 November 1966, the applicant was assigned for duty as a rifleman with the 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division, in the Republic of Vietnam.

4.  Records show that the applicant received gunshot wounds to both legs on 
8 April 1967 and was awarded the Purple Heart.

5.  On 21 April 1967, the applicant was medically evacuated to Irwin Army Hospital, Fort Riley, Kansas.  He was subsequently assigned for duty at Fort Carson, Colorado.

6.  General Orders Number 5026, 1st Cavalry Division, dated 2 September 1967, awarded the applicant the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period from November 1966 to April 1967.

7.  General Orders Number 95, 5th Infantry Division, dated 1 May 1968, awarded the applicant the Good Conduct Medal for the period from 4 May 1966 to 3 May 1968.

8.  On 3 May 1968, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4, and had completed 2 years of creditable active duty.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Purple Heart, National Defense Service Medal, Vietnam Service Medal with a bronze service star, and the Republic of Vietnam Campaign Medal.  It does not show award of the Combat Infantryman Badge, Army Commendation Medal, or the Good Conduct Medal.

10.  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.

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique 
award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

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

13.  Item 29 (Qualification in Arms) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that he qualified as a Sharpshooter with the M-16 rifle, and as a marksman with the M-14 rifle and M-60 machine gun.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 7th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 70, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, 
regimental, or smaller size while assigned in the Republic of Vietnam.  It further shows that he was wounded in action and medically evacuated from the theater. Therefore, he should be awarded the Combat Infantryman Badge.

2.  General orders clearly show that the applicant was awarded the Army Commendation Medal and the Good Conduct Medal.  Therefore, his records should be corrected to show these awards.

3.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

4.  Records show the applicant qualified as a sharpshooter with his M-16 rifle. Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Records also show the applicant qualified as a marksman with his M-14 rifle and M-60 machinegun.  Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars.

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.  awarding him the Combat Infantryman Badge effective 8 April 1969; and

     b.  showing, that in addition to the awards already shown on his DD Form 214, his awards include the Army Commendation Medal, Army Good Conduct Medal, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification 


Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars, 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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080008055



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