IN THE CASE OF:	  

		BOARD DATE: 	        9 June 2009 

		DOCKET NUMBER:  AR20090003121 


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 served as an infantryman, was wounded in combat in the Republic of Vietnam and awarded the Purple Heart, and should also be awarded the Combat Infantryman Badge. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 December 1965, and a photograph of a Soldier in his service uniform, displaying the Combat Infantryman Badge, 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 that he was inducted into the Army of the United States on 11 December 1963.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant's records further show that he served in the Republic of Vietnam from on or about 13 August 1965 to on or about 4 December 1965.  He was assigned to Company B, 1st Battalion, 5th Cavalry, as a rifleman.

4.  The applicant’s records also show he suffered a machinegun wound to his head on 17 November 1965 in the Republic of Vietnam and was subsequently transferred to Fitzsimmons General Hospital, Denver, CO, on 5 December 1965 in a patient status.  He was honorably separated in the rank/grade of specialist four (SP4)/E-4 and transferred to the U.S. Army Reserve Control Group (Annual Training) on 23 December 1965.

5.  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 Vietnam Service Medal and the Purple Heart.

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.  Headquarters, 3rd Training Regiment, U.S. Army Training Center, Engineer, Fort Leonard Wood, MO, Special Orders Number 33, dated 13 February 1964 show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) on 10 February 1964.
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's service with this unit from the 1st Battalion, 5th Cavalry, was awarded the Presidential Unit Citation from 23 Oct 1965 to 26 November 1965 based on Department of the Army General Orders Number 40, dated 1967, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 9 August 1965 to 19 May 1969 based on Department of the Army General Orders Number 59, dated 1969.

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

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was 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.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defense Campaign, 8 March 1965 to 24 December 1965, 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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.
14.  Army Regulation 600-8-22 (Military Awards) provides for award of the National Defense Service Medal which was established on 22 April 1953 and is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive; between 1 January 1961 and 14 August 1974, both dates inclusive; between 2 August 1990 and 30 November 1995; and from 11 September 2001 to a date to be determined.  

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, performed duties as in infantry rifleman, and was personally present when he was wounded by hostile fire and ultimately awarded the Purple Heart.  It appears that the applicant was serving in his infantry MOS in the rifle squad of his cavalry platoon/unit at the time of his combat wound.  Having been personally present and under hostile fire while serving in his assigned infantry duty in his unit that was actively engaged in ground combat with the enemy, the applicant appears to have met the requirements for award of the Combat Infantryman Badge.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

3.  The evidence of record shows the applicant served in the Republic of Vietnam from on or about 13 August 1965 to on or about 4 December 1965.  He was evacuated prior to completing 6 months of service due to wounds resulting from hostile action.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his records to show this award. 

4.  General orders awarded the applicant’s unit the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

5.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his records; therefore, he is entitled to have his records corrected to show this badge.

6.  The evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal which is not shown on his records; therefore he is entitled to correction of his records to show this award.
7.  The evidence of record confirms that the applicant served honorably during the period 11 December 1963 through 23 December 1965.  He served in the Republic of Vietnam, was wounded and awarded the Purple Heart, received "excellent" efficiency and conduct ratings throughout his military service, and attained the rank/grade of SP4/E-4.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army 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.

8.  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 one bronze service star to be affixed to the Vietnam Service Medal.

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 effective 17 November 1965;

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity for the period 11 December 1963 through 23 December 1965; and

	c.  awarding the applicant the Republic of Vietnam Campaign Medal with Device (1960) and the National Defense Service Medal; and 


	d.  adding award of the Combat Infantryman Badge, the Army Good Conduct Medal (1st Award), the Presidential Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and a bronze service star to be affixed to his already-awarded Vietnam Service Medal, 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)                                         AR20090003121





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ABCMR Record of Proceedings (cont)                                         AR20090003121



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