IN THE CASE OF:	  

		BOARD DATE:	         26 August 2009

		DOCKET NUMBER:  AR20090003804 


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 that he be awarded the Combat Infantryman Badge.  He also requests that the Combat Infantryman Badge and his award of the Purple Heart be added to his DD Form 214 (Report of Separation from Active Duty) with an effective date of 25 October 1967.

2.  The applicant states he served in combat and was wounded on 3 February 1967. 

3.  The applicant provides, in support of his application, copies of his orders for award of the Purple Heart; his certificate for award of the Purple Heart; and 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 personnel records show he was inducted into the Army of the United States on 26 October 1965.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) of 11B (Light Weapons Infantryman).  He was promoted to specialist four/pay grade E-4 on 21 January 1967.

3.  The applicant was assigned to Company B, 1st Battalion, 5th Cavalry in the Republic of Vietnam as a rifleman during the period 11 July 1966 to 20 February 1967.  A history of the unit obtained from the internet shows the unit engaged the enemy during Operation Paul Revere II, Operation Thayer I, and Operation Paul Revere IV from 2 August 1966 to February 1967.

4.  Headquarters, 7th Field Hospital General Orders Number 10, dated 17 April 1967, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 3 February 1967.

5.  On 25 October 1967, the applicant was released from active duty by reason of his expiration of term of service.  He had completed 2 years of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his  DD Form 214 does not show he was awarded the Purple Heart or the Combat Infantryman Badge.  Item 24 does show the applicant is authorized the Vietnam Service Medal.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is also no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

7.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) 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 men 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.
8.  Appendix V of USARV 672-1 defined the term "smaller size" as a unit of squad, platoon or company size.  Personnel possessing an infantry MOS in a rifle squad or a cavalry platoon of an armored cavalry troop would be eligible for award of the Combat Infantryman Badge if other criteria are also met.  Appendix V also provided that during the Vietnam era infantry MOSs for award of the Combat Infantryman Badge were identified as MOS 11B, 11C, 11D, 11F, 11G, or 11H.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 3 years except in those cases when the period for the first award ended 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 school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, during the time of the applicant’s assignment to the 1st Battalion, 5th Cavalry the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 9 August 1965 to 19 May 1969, based on Department of the Army General Order Number 59, dated 1969.

11.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967).

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal and in this case it is the Vietnam Service Medal.  



DISCUSSION AND CONCLUSIONS:

1.  Orders in the applicant's military records show he was awarded the Purple Heart for wounds received on 3 February 1967.  Therefore, it is appropriate to include this award in item 24 of his DD Form 214.

2.  The applicant was assigned an infantry MOS, while serving in a cavalry unit with duties as a rifleman.  According to the history of the unit, the applicant's battalion was engaged with the enemy during the period from 2 August 1966 to 20 February 1967.  The applicant was wounded by enemy action on 3 February 1967.  Therefore, there is sufficient evidence to award the applicant the Combat Infantryman Badge in this case.

3.  The applicant's records do not show indiscipline or lost time and he received conduct and efficiency ratings of "excellent" throughout his military service.    Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of a qualifying period of service from 26 October 1965 to 25 October 1967.

4.  The applicant's military personnel records show he participated in one campaign during his service in Vietnam.  Therefore, he is entitled to one bronze service star to be worn on his Vietnam Service Medal.  

5.  Based on the applicant's service with the 1st Battalion, 5th Cavalry he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it is appropriate to include this award in item 24 of his DD Form 214.

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 Army Good Conduct Medal for the period of service from 26 October 1965 to 25 October 1967 and the Combat Infantryman Badge; and

	b.  amending item 24 of his DD Form 214 to add the Purple Heart, the Army Good Conduct Medal, one bronze service star to be worn on the already-awarded Vietnam Service Medal, the Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.    



      _______ _    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)                                         AR20090003804



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ABCMR Record of Proceedings (cont)                                         AR20090003804



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