IN THE CASE OF:	

		BOARD DATE:	  28 October 2008

		DOCKET NUMBER:  AR20080011293 


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 be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant makes no additional statement.

3.  The applicant provides copies 1 and 3 of a DA Form 1577 (Authorization for issuance of Awards), 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 was inducted into the Army of the United States on 25 May 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam with his unit (Headquarters and Headquarters Company, 4th Battalion, 47th Infantry, 9th Infantry Division) on or about 10 January 1967.  He performed duties as an 11B, light weapons infantryman. 

4.  The applicant was wounded in action on 14 February 1967 and was medically evacuated from Vietnam on or about 30 March 1967 after being credited with participation in one campaign.

5.  On 24 May 1968, the applicant was honorably released from active duty, in the rank and grade of Specialist Four (SP4)/E-4, after completing 2 years of creditable active service with no lost time.

6.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal.

7.  The applicant's records contain no derogatory information.  His DA Form       20 (Enlisted Qualification Record) shows his conduct and efficiency were rated as "excellent" throughout his service.

8.  On 5 May 2008, a DD Form 215 (Correction to DD Form 214) amended the applicant's DD Form 214 to add the Purple Heart and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  Army Regulation 600-8-22 (Military Awards) provides for the award of the Combat Infantryman Badge to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  

10.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  



11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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. 

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 4th Battalion, 47th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was assigned to Vietnam for only a short period of time, the evidence of record shows he was an infantryman assigned to an infantry unit.  His award of the Purple Heart is accepted as sufficient evidence to show that he actively participated in active ground combat.  Therefore, it would be equitable at this time to add the Combat Infantryman Badge to his DD Form 214.

2.  The applicant was credited with participation in one campaign.  Therefore, he is eligible to wear one bronze service star on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this fact.

3.  The applicant was honorably separated in the rank and grade of Specialist Four (SP4)/E-4, after completing 2 years of creditable active service with no lost time.  His records contain no derogatory information, and his conduct and efficiency were rated as "excellent" throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  This unit award should be added to his DD Form 214.



BOARD VOTE:

___XX_____  ___XX_____  ____XX____  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 first award of the Army Good Conduct Medal for the period 25 May 1966 through 24 May 1968; and

     b.  amending his DD Form 214 to add the Combat Infantryman Badge, the Army Good Conduct Medal (first award), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

   c.  showing he is eligible to wear one bronze service star 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)                                         AR20080011293



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ABCMR Record of Proceedings (cont)                                         AR20080011293



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