IN THE CASE OF:	  

		BOARD DATE:	       3 February 2009

		DOCKET NUMBER:  AR20080016978 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal and the Combat Infantryman Badge.

2.  The applicant states that administrative error caused the omission of these awards from his DD Form 214.

3.  The applicant provides copies of his Bronze Star Citation, Certificate and General Orders Number 8267.  He also provides a copy of an "Official Statement of Award of Combat Infantryman Badge" furnished on 11 September 1973 by The Adjutant General.  It states that the applicant was "entitled to the Combat Infantryman Badge for satisfactory service in active ground combat effective 
15 May 1969."  

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.  On 23 January 1961, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 111.17 (Light Weapons Infantryman).  On 3 August 1961, he completed the Basic Airborne Course.  He was subsequently assigned for duty as an infantryman at Fort Campbell, Kentucky.
           
3.  On 22 January 1964, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4 and had completed 
3 years of creditable active duty service.

4.  On 30 August 1967, the applicant reenlisted in the Regular Army for 3 years. He completed initial training to include the Basic Airborne Course and was awarded MOS 11B1P (Light Weapons Infantryman with airborne qualification).  He was subsequently assigned for duty at Fort Bragg, North Carolina.

5.  On 15 April 1969, the applicant was assigned for duty as a Team Leader with D Company, 2nd Battalion, 5th Cavalry Regiment, in the Republic of Vietnam.

6.  On 9 June 1969, the applicant was assigned as a patient at the 249th General Hospital.  He was subsequently reassigned to the Medical Holding Company, Walter Reed Army Medical Center.

7.  General Orders Number 8267, 101st Airborne Division, dated 4 July 1969, awarded the applicant Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period from April to June 1969.

8.  On 2 February 1970, the applicant was released from active duty.  He had attained the rank of staff sergeant, pay grade E-6 and had completed 2 years, 
5 months and 3 days of creditable active duty during this period of service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Purple Heart, Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960-), Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle [M-14 and M-16] Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar.  It does not show award of the Bronze Star Medal or the Combat Infantryman Badge. 
10.  Records contain a copy of The Adjutant General's official statement provided by the applicant.

11.  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 military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

12.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Appendix V of this regulation provided the guidance governing award of the Combat Infantryman Badge.  Paragraph 2a stated, in effect, that MOS's, "in the 11 series with the letters b, c, d, f, g and h," are infantry MOS's.  

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

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Tet 69 Counteroffensive and  the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 5th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 59, dated in 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to add the Bronze Star Medal and the Combat Infantryman Badge.

2.  General Orders show that the applicant was awarded the Bronze Star Medal.  Therefore, his records should be corrected to show this award.

3.  The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  Furthermore, it sufficiently shows that he engaged in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should be granted. 

4.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

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 effective 15 May 1969; and

	

   b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Bronze Star Medal, two bronze service stars to be affixed to his already awarded Vietnam Service Medal, Combat Infantryman Badge,  and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.







      _______ _   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)                                         AR20080016978





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ABCMR Record of Proceedings (cont)                                         AR20080016978



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