IN THE CASE OF:	  

		BOARD DATE:	        18 NOVEMBER 2008

		DOCKET NUMBER:  AR20080014041 


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, that he be awarded the Combat Infantryman Badge.

2.  The applicant essentially states that he served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) in combat in the Highlands of South Vietnam with the 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division.  He also states that he wants to join the Combat Infantryman Association, and that the Combat Infantryman Badge is required to be listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in order to be accepted into this organization.  

3.  The applicant provides his DD Form 214 in support of this 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 was inducted into the Army of the United States on 23 April 1968.  He completed basic and advanced individual training and was awarded MOS 11B.  He departed for the Republic of Vietnam on 17 September 1968, and served with Company A, 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division.  He was wounded in action on 12 November 1968, and was subsequently medically evacuated to the 249th General Hospital in Japan.  He returned to the continental United States on 7 February 1969, and was stationed at Fort Hood, Texas until he was honorably released from active duty on 22 April 1970.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the First Class Gunner Marksmanship Qualification Badge with Machinegun Bar.  The First Class Gunner Marksmanship Qualification Badge with Machinegun Bar was subsequently renamed the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

3.  The applicant's military records do not show that he was awarded the Combat Infantryman Badge.  However, the evidence clearly shows that the applicant was an infantry Soldier serving in an infantry MOS with an infantry company when he was wounded in action on 12 November 1968, and that he was awarded the Purple Heart.

4.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

5.  The applicant’s records show that he served 2 years of continuous enlisted active duty service from 23 April 1968 to 22 April 1970.  However, his military records do not show that he was awarded the Good Conduct Medal for this period of service.  His conduct and efficiency ratings were rated as "excellent" the entire period of qualifying service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.

6.  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 1st Battalion, 22nd Infantry Regiment, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 54, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

7.  The applicant's DD Form 214 shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Headquarters, United States Army Training Center (Air Defense), Fort Bliss, Texas Special Orders Number 146, dated 17 June 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.  However, he was also awarded the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar by Headquarters, United States Army Training Center (Air Defense), Fort Bliss, Texas Special Orders Number 154, dated 26 June 1968.

8.  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 personnel who have an infantry MOS.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant’s active duty service, 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge.

2.  The evidence of record clearly shows that the applicant was an infantry Soldier serving in an infantry MOS with an infantry company when he was wounded in action on 12 November 1968.  In view of the foregoing, it would be appropriate at this time to award him the Combat Infantryman Badge, and correct his military records to show the award of the Combat Infantryman Badge.
3.  The applicant served 2 years of continuous enlisted active duty service from 23 April 1968 to 22 April 1970, and his conduct and efficiency ratings were rated as "excellent" for the entire period of this qualifying period of service.  There is also no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.  Therefore, it would be appropriate to award him the Good Conduct Medal for the period 23 April 1968 to 22 April 1970, and correct his military records to show the award of the Good Conduct Medal.

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 1st Battalion, 22nd Infantry Regiment while the applicant was assigned to this battalion.  Therefore, he is entitled to 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, and correction of his military records to show these unit awards.

5.  The applicant's DD Form 214 shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, special orders awarded him both the Sharpshooter Marksmanship Qualification Badge with 
M-14 Rifle Bar and the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.  Therefore, he is entitled to correction of his military records to show the award of the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar and the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar. 

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 him the Combat Infantryman Badge for engaging in active combat with the enemy on 12 November 1968 in Vietnam while serving as a private/E-2;

	b.  awarding him the Good Conduct Medal for the period 23 April 1968 to 
22 April 1970 while serving as a specialist four;

	c.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and 

	d.  showing the award of the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar and the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar, and removing the entry on his DD Form 214 for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 




      _______ _ XXX  _______   ___
               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)                                         AR20080014041



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ABCMR Record of Proceedings (cont)                                         AR20080014041



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