IN THE CASE OF:	  

		BOARD DATE:	  19 March 2009

		DOCKET NUMBER:  AR20080019213 


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, award of the Combat Infantryman Badge and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 2 July 1970. 

2.  The applicant states, in effect, that he believes he should have been awarded the Combat Infantryman Badge and it should be added to his DD Form 214.  He served with the 11th Armored Cavalry Regiment from 29 May 1969 through 29 September 1969.  

3.  In support of his application, the applicant provides a copy of his DD Form 214. 

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, in pay grade E-1, on 3 July 1968.  He completed basic combat and advanced training and was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).  

3.  The applicant's records show that he served in the Republic of Vietnam from 29 May 1969 through 29 September 1969, with Troop I, 3rd Squadron, 11th Armored Cavalry Regiment.  He served as a section leader in MOS 11D from 2 June 1969 to 28 September 1969 and was in a patient status from
29 September 1969 to 19 October 1969.  During his tour of duty in Vietnam he participated in the Tet 69 Counteroffensive, 1969 and the Vietnam Summer – Fall 1969 campaigns.

4.  The applicant was honorably released from active duty, in pay grade E-5, on 2 July 1970, at the expiration of his term of service.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Combat Infantryman Badge.  

6.  There are no orders in the applicant’s military personnel records that show he was awarded the Combat Infantryman Badge.  His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) contains the entries "fragment wound to right shoulder on 23 June 1969, shrapnel wound to the back on 7 September 1969, and shrapnel wounds to both lower legs on 11 September 1969."  Item 41 (Awards and Decorations) shows he was awarded the Purple Heart with two Oak Leaf Clusters.  The Combat Infantryman Badge is not listed in item 41.

7.  The applicant's records show that he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence the applicant was disqualified for award of the Good Conduct Medal.

8.  The Vietnam Casualty Roster shows the applicant was wounded on 23 June 1969, 7 September 1969, and 11 September 1969 and the casualty status codes were "23."  This code indicates the status "hostile wounded in action, not serious, hospitalized."  

9.  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.  Additionally, Appendix V of U.S. Army Republic of Vietnam (USARV) Regulation 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  Army Regulation 600-8-22 (Military Award) provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

11.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that his unit, Troop I, 11th Armored Cavalry Regiment, was cited for award of the Valorous Unit Award for service from 17 to 20 June 1969, by Headquarters, Department of the Army General Orders Number 53, dated 1970; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Order Number 50, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  The Vietnam Casualty Roster shows he was wounded in hostile action in the Republic of Vietnam on 23 June 1969, 7 September 1969, and 11 September 1969 and awarded the Purple Heart for each incident.  The evidence also shows the applicant served in an infantry MOS, in a cavalry troop in 
the Republic of Vietnam, and confirms that he was personally present and participated in active ground combat while assigned or attached to this cavalry troop.  Therefore, he is entitled to award of the Combat Infantryman Badge and to have this award shown on his DD Form 214.



2.  The applicant completed a qualifying period of service for the first award of the Good Conduct Medal.  There is no evidence in the available records which show the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the Good Conduct Medal for the period 3 July 1969 to 2 July 1970 and to correction of his records to show this award.

3.  The evidence confirms the applicant participated in two campaigns while serving in Vietnam.  Therefore, he is also entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal based on his service in Vietnam and campaign participation.

4.  General orders award the applicant's unit award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to add these unit awards to his DD Form 214.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Good Conduct Medal (first award) for the period from 3 July 1968 to 2 July 1970;

	c.  awarding the applicant the Combat Infantryman Badge, effective 23 June 1969;


	d.  adding to item 24 of his DD Form 214 the Good Conduct Medal (first award), Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 
   
   e.  providing him a corrected separation document that includes these changes.



      __________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)                                         AR20080019213



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1


ABCMR Record of Proceedings (cont)                                         AR20080019213


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1