IN THE CASE OF:	  

		BOARD DATE:	        14 August 2008

		DOCKET NUMBER:  AR20080008977 


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 records to show the Combat Infantryman Badge, the Purple Heart, and the Bronze Star Medal.

2.  The applicant states that a clerical error was made.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), general orders and an award certificate for the Purple Heart, and general orders and an award certificate for the Bronze Star Medal.  

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 14 June 1966.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  He was assigned to Vietnam on 25 November 1966 with Company C, 1st Battalion (Mechanized), 5th Infantry as a light weapons infantryman in MOS 11B.

4.  Headquarters, 25th Infantry Division General Orders Number 432, dated 6 February 1967, awarded the applicant the Purple Heart for wounds received in action on 17 January 1967.

5.  He was promoted to specialist four on 6 May 1967.  

6.  Headquarters, 25th Infantry Division General Orders Number 4272, dated 1 November 1967, awarded the applicant the Bronze Star Medal for meritorious service from December 1966 to November 1967.

7.  The applicant departed Vietnam in November 1967 and was credited with participation in the Vietnam Counteroffensive Phase II Campaign and the Vietnam Counteroffensive Phase III Campaign.

8.  The applicant was released from active duty on 13 June 1968.  He completed 2 years of active military service with no days of lost time.  His DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service.

9.  His DD Form 214 shows the Vietnam Service Medal and the National Defense Service Medal as authorized awards.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 1st Battalion, 5th Infantry, this unit 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 1979.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 5th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 9, dated 1979.


12.  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 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 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.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of 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 service medal.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.

15.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart and the Bronze Star Medal.  Therefore, these decorations should be added to his DD Form 214.

2.  The applicant was awarded MOS 11B and performed duties as a light weapons infantryman while assigned to an infantry unit in Vietnam.  In addition, he was awarded the Purple Heart for wounds he received in action on 17 January 1967 in Vietnam.  Therefore, he has met the requirements for award of the Combat Infantryman Badge.

3.  It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 14 June 1966 through 13 June 1968.
4.  The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, this award should be added to his DD Form 214.

5.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these awards should be added to his DD Form 214.

6.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  ___xx___  ___xx___  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 Army Good Conduct Medal for the period 14 June 1966 through 13 June 1968; 

		b.  awarding him the Combat Infantryman Badge; and 

		c.  adding the Combat Infantryman Badge, the Purple Heart, the Bronze Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device (1960); the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214; and 


		d.  amending his DD Form 214 to show he is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal.



      __________xxxx____________
                  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)                                         AR20080008977





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ABCMR Record of Proceedings (cont)                                         AR20080008977



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