IN THE CASE OF:	  

		BOARD DATE:	       21 April 2009

		DOCKET NUMBER:  AR20090000960 


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

2.  The applicant states that he was awarded the Combat Infantryman Badge during his service in the Republic of Vietnam.  He contends that the orders became wet and were destroyed during the monsoon season.  

3.  The applicant provides, in support of his application, copies of his two 
DD Forms 214, two letters of support, a partial copy of orders awarding him the Bronze Star Medal for achievement, assignment orders, orders awarding him the Bronze Star Medal for meritorious service, and partial copies of two performance evaluation reports. 

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 18 April 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training to include the Infantry Officer Candidate Course.  He was discharged on 3 March 1969 for the purpose of accepting a commission.

3.  On 4 March 1969, the applicant was appointed as an infantry second lieutenant in the U.S. Army Reserve (USAR) with immediate call to active duty.  He was awarded specialty 1542 (Infantry).

4.  On or about 4 October 1969, the applicant was assigned for duty in the Republic of Vietnam.  Effective 4 November 1969, he was further assigned to the 4th Battalion, 31st Infantry Regiment, 23rd Infantry Division (Americal).

5.  General Orders Number 6111, Headquarters, Americal Division, dated
14 June 1970, awarded the applicant the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force during the period from 1 January 1970 to 30 April 1970.  The orders show that at the time he was assigned to the 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade.

6.  General Orders Number 12297, Headquarters, Americal Division, dated
10 September 1970, awarded the applicant the Bronze Star Medal for meritorious service during the period from October 1969 to October 1970.  

7.  On or about 3 October 1970, the applicant returned to the United States.

8.  On 2 June 1972, the applicant was released from active duty.  He had attained the rank of captain (CPT)/pay grade O-3 and had completed 3 years, 
2 months, and 29 days of creditable active duty.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 2 June 1972 lists his awards as the National Defense Service 
Medal, Bronze Star Medal with one oak leaf cluster, Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).  It does not show award of the Combat Infantryman Badge.

10.  The copies of performance evaluations provided by the applicant show that he served as an infantry rifle platoon leader in combat, performing his duties in an outstanding manner.  He demonstrated a high degree of competence in a variety of small unit tactical operations in the Republic of Vietnam.  

11.  In a letter, dated 10 November 2008, the applicant's former company commander wrote that the applicant had served as a platoon leader and met all of the requirements for award of the Combat Infantryman Badge.

12.  In a letter, dated 16 November 2008, the applicant's former executive officer from the 1st Battalion, 20th Infantry Regiment wrote that the applicant was a platoon leader in A Company, 1st Battalion, 20th Infantry Regiment, 11th Light Infantry Brigade.  He states that in March 1970, when the author was the interim battalion commander, the applicant's unit had assaulted a hill top in the Iron Mountain near Duc Pho and had engaged a North Vietnamese Army unit in a fire fight that resulted in one enemy killed in action and the capture of numerous documents.  The author further states that the applicant had met all of the requirements for award of the Combat Infantryman Badge.

13.  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.  

14.  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.

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


16.  Special Orders Number 126, Headquarters, U.S. Army Training Center, Fort Leonard Wood, Missouri, dated 6 May 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.

17.  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 four campaign periods:  Vietnam Summer-Fall 1969 (9 June 1969 – 
31 October 1969); the Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970); Sanctuary Counteroffensive (1 May 1970 – 30 June 1970); and Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

18.  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 4th Battalion, 31st Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 6, dated in 1974, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the Combat Infantryman Badge, but because his orders were destroyed, it was not recorded on his DD Form 214.

2.  The available evidence clearly shows that the applicant was awarded an infantryman specialty and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  Furthermore, the extracts of the applicant's performance evaluation reports show he served in combat.  Letters from two former officers state that the applicant had served in combat and had met the requirements for award of the Combat Infantryman Badge, sufficiently showing that he engaged in active ground combat and supporting his contention he was awarded the Combat Infantryman Badge.  Therefore, the applicant's records should be corrected to show this award.

3.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

4.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars for wear on his 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.  deleting from item 24 of the applicant's DD Form 214 for the period ending 2 June 1972 the Vietnam Service Medal with three bronze service stars; and
   
   b.  adding to item 24 of the applicant's DD Form 214 for the period ending
2 June 1972 the Combat Infantryman Badge, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar.



      _________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)                                         AR20090000960



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ABCMR Record of Proceedings (cont)                                         AR20090000960



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