IN THE CASE OF:	  

		BOARD DATE:	 
		DOCKET NUMBER:  AR20080008353 


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, award of the Combat Infantryman Badge and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 18 April 1972. 

2.  The applicant states, in effect, that he received the Bronze Star Medal and the Purple Heart for combat in Vietnam and probably as an oversight did not receive a Combat Infantryman Badge.  He also states that when he moved in 2003, he joined the local American Legion Post and one of the members told him to contact the National Personnel Records Center in St. Louis, Missouri, to make sure all of his records were up to date.  When he received a reply on the awards portion it was noticed he never received the Combat Infantryman Badge.  So in order to have his records updated, he is requesting award of the Combat Infantryman Badge.

3.  The applicant provides no additional documentation in support of his 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, in pay grade E-1, on 13 July 1966, for 3 years.  He completed basic and advanced training and was awarded military occupational specialty (MOS) 62E, Construction Machine Operator.  He was honorably discharged, in pay grade
E-5, on 21 November 1967, for the purpose of accepting a commission.

3.  The applicant was commissioned in the Infantry Branch as a second lieutenant, on 22 November 1967.  He completed training and was awarded MOS 1542, Infantry Officer (Infantry Unit Commander).  

4.  The applicant's records show that he served in the Republic of Vietnam from 17 November 1968 to 7 March 1969, with Company A, 2nd Battalion (Mechanized), 2nd Infantry Regiment, 1st Infantry Division, for two campaigns.  He served as a platoon leader from 2 December 1968 to 19 February 1969 and was in a patient status from 20 February 1969 to 27 April 1969.  

5.  The applicant was honorably released from active duty, as a captain, on 18 April 1972 and was transferred to the United States Army Reserve Control Group (Reinforcement).  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, lists the following awards:  the National Defense Service Medal; the Good Conduct Medal, the Vietnam Service Medal; the Purple Heart, and the Armed Forces Expeditionary Medal.  The Combat Infantryman Badge is not listed.  

7.  There are no orders in the applicant’s military personnel records that show he was awarded the Combat Infantryman Badge.  His DA Form 66 (Officer Qualification Record) does not list the Combat Infantryman Badge in Item 21 (Awards and Decorations).  

8.  The Vietnam Casualty Roster shows the applicant was wounded on 19 February 1969 and the casualty status code was "23."  This code indicates the status "hostile wounded in action, not serious, hospitalized."  


9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) of the records of the applicant's units for the timeframe the applicant served in Vietnam was conducted.  This review failed to show any orders were published authorizing award of the Combat Infantryman Badge to the applicant.  

10.  Vietnam Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically 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.

11.  Army Regulation 600-8-22 (Military Awards) authorizes 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 campaign or service medal including the Vietnam Service Medal.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, based on the applicant's service in Vietnam, he was eligible for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation by Headquarters, Department of the Army General Order Number 48, dated 1971 and his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by Headquarters, Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  The Vietnam Casualty Roster shows he was wounded in hostile action in the Republic of Vietnam on 19 February 1969 and awarded the Purple Heart.  The evidence also shows the applicant served in an infantry MOS, in an infantry unit in the Republic of Vietnam, and confirms that he was personally present and participated in active ground combat operations while assigned or attached to this infantry unit.  Therefore, it is concluded that he is entitled to award of the Combat Infantryman Badge and to have this award shown on his DD Form 214.

2.  The evidence confirms the applicant is also entitled to award of one Overseas Service Bar; two bronze service stars to be affixed to his already-awarded Vietnam Service Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; based on his service in Vietnam and campaign participation.   

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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:

   a.  by awarding him the Combat Infantryman Badge; two bronze service stars to be affixed to his already-awarded Vietnam Service Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and 

   b.  by adding these awards to the list of awards shown on his DD Form 214, dated 18 April 1972, and providing him a corrected separation document that includes these awards.



      __________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)                                         AR20080008353



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ABCMR Record of Proceedings (cont)                                         AR20080008353


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