IN THE CASE OF:	  

		BOARD DATE:	  	  22 January 2009

		DOCKET NUMBER:  AR20080017472 


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 the Combat Infantryman Badge be added to the list of awards contained in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214).  

2.  The applicant does not submit a statement.

3.  The applicant provides no additional documents.

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's record shows that he was inducted into the Army of the United States and entered active duty on 17 October 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was private first class (PFC)/E-3.  

4.  On 2 April 1968, the applicant was assigned to Company C, 4th Battalion, 31st Infantry, 196th Infantry Brigade in the Republic of Vietnam (RVN).

5.  The applicant's Enlisted Qualification Record (DA Form 20) in Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to an infantry unit, performing duties in MOS 11B as an rifleman.  

6.  Item 41 (Awards and Decoration) of the applicant's DA Form 20 shows that during his active duty tenure he earned the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, Combat Infantryman Badge, and the RVN Campaign Medal with Device (1960).

7.  A Clinical Record/Narrative Summary, dated 6 June 1968, shows that on 
23 May 1968, the applicant sustained grenade fragment wounds to the right eye, right brow, and the right foot during an ambush while in the RVN.

8.  The applicant was referred to a Medical Evaluation Board (MEB).  The MEB recommended that the applicant be referred to a Physical Evaluation Board (PEB).  The PEB found the applicant unfit for military service.

9.  On 26 September 1968, the applicant was permanently retired by reason of physical disability.  He had completed 11 months and 10 days of active military service.  Item 24 of the DD Form 214 he was issued at the time shows he earned the Purple Heart, RVN Campaign Medal with Device (1960), Vietnam Service Medal, and the National Defense Service Medal.  The Combat Infantryman Badge is not included in the list of awards.

10.  The applicant's available military service records contain a copy of Headquarters, Americal Division APO San Francisco, Special Orders Number 126, dated 5 May 1968.  These orders show, in pertinent part, the applicant was awarded the Combat Infantryman Badge.

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

12.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Training Center, Fort Leonard Wood, Missouri Special Orders Number 340, dated 6 December 1967.  These orders show, in pertinent part, the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company C, 4th Battalion, 31st Infantry, 196th Infantry Brigade (RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6 (1974).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for the Combat Infantryman Badge was carefully considered and found to have merit.  Special Orders Number 126 awarded the applicant the Combat Infantryman Badge.  Therefore, it would be appropriate to correct his record to add this award.

2.  Records show that Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his records to show this badge and component bar.

3.  The evidence of record further confirms that based on his service in the RVN, he is also entitled to the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to add this unit award to his record and separation document at this time. 

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 adding the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the RVN Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.



      ___________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)                                         AR20080017472



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ABCMR Record of Proceedings (cont)                                         AR20080017472



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