IN THE CASE OF:	  

		BOARD DATE:	        4 November 2008

		DOCKET NUMBER:  AR20080012905 


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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that when he was wounded in the Republic of Vietnam his records did not follow him and the CIB was left off in error.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 29 March 1971, in support of his request.

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 records show he was inducted into the Army of the United States on 13 March 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 29 March 1971.  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

3.  The applicant’s records also show he served in the Republic of Vietnam from 29 August 1969 to 26 August 1970.  He was assigned to Company B, 1st Battalion, 5th Infantry, 25th Infantry Division.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Purple Heart, the Bronze Star Medal, the Army Commendation Medal (1st Oak Leaf Cluster), and the Vietnam Service Medal with two bronze service stars.  Item 24 does not show award of the CIB.

5.  There are no General Orders in the applicant's records that show he was awarded the CIB.

6.  Headquarters, 25th Infantry Division, General Orders Number 1914, dated 20 February 1970, shows the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 16 February 1970.

7.  The applicant was also awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 12 May 1970.  General Orders Number 6780, Headquarters, 25th Infantry Division, dated 17 June 1970, cited the following reason:

[Applicant] distinguished himself by heroic action on 12 May 1970, while serving with Company D, 1st Battalion, 5th Infantry, in the Republic of Cambodia, when on the date indicated, elements of Company D were sent to reinforce elements of Company C who had come under intense small arms fire from a large enemy force while established in their night defensive position.  Upon reaching the beleaguered force, [Applicant] exposed himself to a hail of enemy fire as he began placing suppressive fire on the aggressors.  His valorous actions contributed immeasurably to the success of the mission.

8.  Headquarters, 25th Infantry Division, General Orders 2225, dated 
25 February 1970, show the applicant was awarded the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam from 1 December 1969 to 31 January 1970.

9.  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. 

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

11.  Headquarters, U.S. Army Training Center-Armor, Fort Knox, Kentucky, Special Orders Number 113, dated 23 April 1969, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar   (M-14) on 23 April 1969.

12.  Headquarters, U.S. Army Training Center-Infantry, Fort Polk, Louisiana, Special Orders Number 140, dated 13 June 1969; show that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar   (M-60) on 4 June 1969.

13.  Headquarters, U.S. Army Training Center-Infantry, Fort Polk, Louisiana, Special Orders Number 146, dated 20 June 1969; show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 27 May 1969.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 5th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 September 1968 to 30 September 1970, based on Department of the Army General Orders Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, from 1 January 1966 to 21 January 1970, based on Department of the Army General Orders Number 9, dated 1979 (amended Department of the Army General Orders Number 51, dated 1971).

15.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held an infantry MOS and satisfactorily performed duty while assigned as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  He was personally present and under hostile fire while serving in an assigned infantry primary duty.  Therefore, the applicant satisfied the requirements for award of the Combat Infantryman Badge and is entitled to correction of his records to show this award.

2.  General Orders awarded the applicant two awards of the Army Commendation Medal, one of which was for valor, which is not correctly shown on his records; therefore, he is entitled to correction of his records to show his valor award.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, which are not shown on his records.  Therefore, he is entitled to have his records corrected to show these awards.

4.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  However, he was credited with only two bronze service stars.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.
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 the applicant the Combat Infantryman Badge; 

	b.  deleting the entry "Vietnam Service Medal with two bronze service stars" from Item 13 of his DD Form 214; 

	c.  deleting the entry "Army Commendation Medal (1st Oak Leaf Cluster); and

	d.  showing award of the Combat Infantryman Badge, the Army Commendation Medal (1st Oak Leaf Cluster) and "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Vietnam Service Medal with four bronze service stars.



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      _______ _   _______   ___
               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)                                         AR20080012905



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ABCMR Record of Proceedings (cont)                                         AR20080012905



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