IN THE CASE OF:	  

		BOARD DATE:	        19 February 2009

		DOCKET NUMBER:  AR20080017753 


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.

2.  The applicant states that he received an 88-day early release from the Army for school and that he was pulled out of the bush in the Republic of Vietnam and was discharged three days later.  He adds that he believes he qualified for this award.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 12 February 1971, in support of his 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 records show he enlisted in the Regular Army for a period of 3 years on 9 May 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantry).  He subsequently attended the 12-week Infantry Leaders Course and after a period of on the job training (OJT), he was awarded MOS 11F (Infantry Operations and Intelligence Specialist).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 12 February 1971.  The highest rank/grade he attained during this period of military service was sergeant (SGT)/E-5.

3.  The applicant's records further show that he served in the Republic of Vietnam from on or about 26 September 1970 through on or about 11 February 1971.  He was assigned to Company B, 2nd Battalion, 506th Infantry.

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 Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal, and the Purple Heart.  

5.  Headquarters, 101st Airborne Division, General Orders Number 14079, dated 29 November 1970, show the applicant was awarded the Purple Heart for wounds received in action on 27 November 1970 while assigned to Company B, 2nd Battalion, 506th Infantry.  

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge.  This regulation states that 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 have an infantry specialty, 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 be 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.  Commanders were not allowed to make any exceptions to this policy.  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.  

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

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 506th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

9.  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.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase VII, campaign 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.

11.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Additionally, Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he received an excellent conduct and efficiency rating throughout his military service. 

12.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record shows that the applicant held an infantry MOS and was assigned to an infantry unit during his service in the Republic of Vietnam.  Additionally, he was awarded the Purple Heart for wounds received in action on 27 November 1970 while assigned to his infantry unit.  Therefore, it is reasonable to state that the applicant was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy and should be awarded the Combat Infantryman Badge and have his records corrected to show this award.  

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to have his records corrected to show this unit award.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to award of a bronze service star to be affixed to the Vietnam Service Medal.

5.  The evidence of record confirms that the applicant served honorably during the period 9 May 1969 through 12 February 1971.  He completed over 5 months of service in the Republic of Vietnam, attained the rank of SGT, was awarded the Purple Heart, and received an excellent efficiency and conduct rating throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this 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 the applicant the Combat Infantryman Badge;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 May 1969 through 12 February 1971; and

	c.  adding award of the Combat Infantryman Badge, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a bronze service star to be affixed to his already-awarded Vietnam Service Medal.



															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)                                         AR20080017753





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ABCMR Record of Proceedings (cont)                                         AR20080017753



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