DOCKET NUMBER:  AR20090004415 


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 was assigned as an infantry Soldier to an infantry battalion in the Republic of Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 4 April 1968, 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 he enlisted in the Regular Army for a period of 3 years on 30 August 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably retired in the rank/grade of sergeant (SGT)/E-5 on 4 April 1968 by reason of permanent disability.

3.  The applicant's records also show he served in the Republic of Vietnam from on or about 31 May 1967 to on or about 16 September 1967.  He was assigned to Company A, 4th Battalion, 503d Infantry.

4.  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 Purple Heart, the Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.  Item 24 of this DD Form 214 does not show award of the Combat Infantryman Badge.

5.  The applicant’s records contain a copy of a Department of the Army message, dated 12 July 1967, that shows the applicant suffered a metal fragment wound to his head resulting in paraplegia to the right side of his body when he was engaged by the enemy during a fire fight in the Republic of Vietnam while on a search and destroy combat mission.  He was initially treated at a field hospital and was ultimately evacuated as a patient to Fitzsimons General Hospital, Denver, CO.

6.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Combat Infantryman Badge orders on file for the applicant.

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 Vietnam Regulation Number 672-1 (Awards and Decorations) 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.  U.S. Army Vietnam Regulation Number 672-1 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.

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

10.  The applicant’s records do not contain any derogatory information that would have disqualified him from receiving his 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 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed 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.  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.  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.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 4th Battalion, 503d Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 5 May 1965 to 26 September 1970 based on Department of the Army General Orders 51, dated 1971.

14.  Appendix B of Army Regulation 600-8-22 shows that during the applicant's tour of duty in the Republic of Vietnam participation credit was awarded for the Vietnam Counteroffensive Phase II, 1 July 1966 to 31 May 1967, and the Vietnam Counteroffensive Phase III, 1 June 1967 to 29 January 1968, campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Combat Infantryman Badge was carefully considered and found to have merit.  The evidence of record shows that the applicant was awarded an infantry MOS; was assigned to an infantry unit of brigade, regimental, or smaller size; and was an active participant in combat while assigned to that infantry unit when it engaged the enemy on 10 July 1967 during a search and destroy mission.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

2.  The evidence of record shows that the applicant enlisted on 30 August 1965 and retired on 4 April 1968.  He received "excellent" efficiency and conduct ratings throughout his military service, attained the rank/grade of SGT/E-5, and was wounded in combat.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his 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.

3.  The evidence of record shows that the applicant was awarded the Vietnam Service Medal and was evacuated prior to completing 6 months of service due to wounds resulting from hostile action.  Therefore, he met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to correction of his records to show this award.

4.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to wear of two bronze service stars 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 for combat actions on 10 July 1967;

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 August 1965 to 4 April 1968; and

	c.  adding award of the Combat Infantryman Badge, the Army Good Conduct Medal (1st Award), the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars 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)                                         AR20090004415



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ABCMR Record of Proceedings (cont)                                         AR20090004415



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