DOCKET NUMBER:  AR20090002252 


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, correction to 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, in effect, that he was awarded the Combat Infantryman Badge while serving in Vietnam with the 4th Battalion, 39th Infantry, 9th Infantry Division, and this award is not shown on his DD Form 214.

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 are not available to the Board for review.  It is acknowledged that the applicant's records are on loan to another government agency.  However, the DD Form 214 submitted by the applicant was sufficient for the Board to conduct a fair and impartial review of this case.  

3.  The applicant’s available DD Form 214 shows that he was inducted into the Army of the United States, in pay grade E-1, on 7 May 1968.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from 5 October 1968 to 31 July 1969.

4.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge; however, it did contain the following orders pertaining to the applicant:

	a.  Orders were published on 22 May 1969, awarding the applicant the Army Commendation Medal with First Oak Leaf Cluster, for outstanding achievement in connection with military operations against a hostile force, in the Republic of Vietnam, from 1 March to 30 March 1969, while serving with Company C, 4th Battalion, 39th Infantry, 9th Infantry Division;

   b.  Orders were published on 8 June 1969 and on 2 July 1969, awarding the applicant the Bronze Star Medal with First and Second Oak Leaf Clusters, for outstanding achievement and meritorious service in connection with military operations against a hostile force, in the Republic of Vietnam, for the periods from 1 April to 30 April 1969 and from August 1968 to June 1969, while serving with Company C, 4th Battalion, 39th Infantry, 9th Infantry Division; and

   c.  Orders were published on 10 July 1969, awarding the applicant the Air Medal with First Oak Leaf Cluster, for meritorious achievement while participating in sustained aerial flight, in the Republic of Vietnam, from 1 April to 20 June 1969, while serving with Company C, 4th Battalion, 39th Infantry, 9th Infantry Division.

5.  The applicant was honorably released from active duty, in pay grade E-5, on 16 April 1970, as an overseas returnee.  He was credited with 1 year, 11 months, and 10 days of net active service.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

6.  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 Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Bronze Star Medal, and the Air Medal.  His DD Form 214 does not list the Combat Infantryman Badge.

7.  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 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 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.

8.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized 
with this award for each Vietnam campaign a member is credited with participating in.  Appendix B, Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969), Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969); and the Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) campaigns.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that his unit, the 4th Battalion, 39th Infantry, 9th Infantry Division was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Order Number 31, 1969.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  However, the available evidence confirms the applicant served in a qualifying infantry MOS while in an infantry unit and was personally present and participated in combat operations while serving in Vietnam, based 

on his award of the Army Commendation Medal with First Oak Leaf Cluster for outstanding achievement in connection with military operations against a hostile force; and the Bronze Star Medal with First and Second Oak Leaf Clusters for outstanding achievement and meritorious service in connection with military operations against a hostile force.  

2.  The reality, in this case, would indicate that no Soldier would receive the type of and number of awards as received by the applicant if he were not engaging the enemy in an offensive and a defensive manner.  It should be noted the applicant entered the Army as a private and was released from active duty as a sergeant (SGT)/pay grade E-5.  In this grade, he would likely have held positions wherein he was responsible for the lives of his subordinates.  Therefore, it would also be appropriate to award the applicant the Combat Infantryman Badge and add it to his DD Form 214 at this time.

3.  The evidence further confirms the applicant was awarded the Bronze Star Medal with First and Second Oak Leaf Clusters, the Air Medal with First Oak Leaf Cluster, and the Army Commendation Medal with First Leak Cluster.  His DD Form 214 does not show these awards; therefore, it would also be appropriate to add these awards to his DD Form 214 at this time.

4.  The evidence confirms the applicant participated in four campaigns while serving in Vietnam.  Therefore, he is also entitled to award of four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  General orders also awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment in Vietnam.  This unit award is not shown on his DD Form 214; therefore, he is entitled to have his records corrected to show this unit award.

6.  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 the applicant's DD Form 214 the Vietnam Service Medal;

   b.  awarding the applicant the Combat Infantryman Badge;

   c.  adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal with Second Oak Leaf Cluster, Air Medal with First Leaf Cluster, Army Commendation Medal with First Oak Leaf Cluster, Vietnam Service Medal with four bronze stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	d.  providing him a corrected separation document that includes these awards.



      __________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)                                         AR20090002252



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ABCMR Record of Proceedings (cont)                                         AR20090002252



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