IN THE CASE OF:	  

		BOARD DATE:	       2 December 2008

		DOCKET NUMBER:  AR20080014037 


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 he be awarded the Combat Infantryman Badge.

2.  The applicant states he served as an Infantry Recon Platoon Leader with Company E, 1st Battalion, 8th Cavalry Regiment in Vietnam from 1 November 1968 until he was wounded on 15 April 1969.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); orders awarding him the Bronze Star Medal, two Purple Hearts, and the Air Medal; and orders releasing him from active duty.

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 served on active duty in an enlisted status from 14 November 1966 through 19 November 1967 and attended the Army Infantry Officer Candidate School. 

3.  His DD Form 214 lists his awards as the Good Conduct Medal, the National Defense Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant was commissioned as an infantry second lieutenant on 20 November 1967. 

5.  Headquarters, 1st Cavalry Division Special Orders Number 325, dated 20 November 1968, promoted the applicant from second lieutenant to first lieutenant. 

6.  Headquarters, 1st Cavalry Division General Orders Number 3618, dated 25 March 1969, awarded the applicant the Bronze Star Medal with "V" Device as a platoon leader of Company E, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division.

7.  On 21 April 1969, Headquarters, 1st Cavalry Division General Orders Number 4914 awarded the applicant the Purple Heart for wounds received in action on
15 April 1969.

8.  On 3 June 1969, Headquarters, 1st Cavalry Division General Orders Number 6980, awarded the applicant the Purple Heart for wounds received on 21 March 1969.

9.  Headquarters, 1st Cavalry Division General Orders Number 1851, dated 16 February 1969, awarded the applicant the Air Medal for the period November 1968 through February 1969.

10.  The applicant was released from active duty on 19 September 1969 with 2 years of commissioned service and 1 year and 6 days of active enlisted service.  His DD Form 214 lists his awards as the Bronze Star Medal with "V" Device, the Air Medal, the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Parachutist Badge.

11.  The applicant's DA Form 66 (Officer Qualification Record) shows he was assigned to E Company, 1st Battalion, 8th Cavalry Regiment in Vietnam from 10 November 1968 through 20 April 1969.  It also shows he was a patient at an undesignated medical facility on 21 April 1968 with transfer to the 106th General Hospital, Japan on 23 April 1968 and to the U. S. Army Hospital at St Albans, New York on 4 May 1969.  It lists his awards as the Bronze Star Medal with "V" Device, the Air Medal, the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Parachutist Badge.

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 while the applicant was assigned to the 1st Battalion, 8th Cavalry Regiment it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  In pertinent part provides the following: 

	a.  the Republic of Vietnam Campaign Medal was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture were prevented from serving the required 6 months; 

	b.  a Purple Heart is authorized for the first wound suffered with an Oak Leaf Cluster being awarded for each subsequent award, to be worn on the medal or ribbon; and

	c.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following two campaign periods:  the Counteroffensive Phase VI (2 November 1968 – 22 February 1969); and the Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969).

	d.  there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must be have an infantry, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient 
must have been personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

14.  U.S. Army Republic of Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the awards program in the Army theater of operations during the Vietnam conflict.  The regulation states the term "smaller size" infantry unit used in the awards regulation is "….a unit of squad, platoon, or company size.  For example, personnel possessing an infantry MOS in a rifle squad or a cavalry platoon of an armored cavalry troop would be eligible for award of the Combat Infantry man Badge if other criteria are also met."

DISCUSSION AND CONCLUSIONS:

1.  The designation of the applicant's organization as a company within a battalion shows that he was in an infantry unit.  

2.  The applicant, with an infantry specialty, served with an infantry unit of qualifying size.  The citation for his Bronze Star Medal with "V" Device clearly demonstrates he served in combat.  Therefore, it is appropriate to award him the Combat Infantryman Badge.

3.  The applicant was wounded twice and twice awarded the Purple Heart.  As such, he is authorized to wear one bronze Oak Leaf Cluster on his Purple Heart. 

4.  The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his Vietnam Service Medal.

5.  The applicant served in Vietnam for 5 months before being evacuated due to wounds sustained in combat.  He therefore qualifies for award of the Republic of Vietnam Campaign Medal with "1960-" Device.

6.  The applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar was not brought forward from his enlisted DD Form 214.

7.  In addition to the awards listed on his 20 November 1969 DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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; and 

	b.  showing that, in addition to the awards listed on his 20 November 1969 DD Form 214, he is also authorized the Republic of Vietnam Campaign Medal with "1960-" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and to wear one bronze Oak Leaf Cluster on his Purple Heart and 2 bronze service stars on his already-awarded Vietnam Service Medal.



      __________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)                                         AR20080014037



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ABCMR Record of Proceedings (cont)                                         AR20080014037



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