IN THE CASE OF:	

		BOARD DATE:	30 July 2009  

		DOCKET NUMBER:  AR20090005037 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states that he was not awarded the Combat Infantryman Badge due to an error.  He adds that he served as an infantryman, was wounded in combat, was awarded the Bronze Star Medal with "V" Device, and that his DD Form 214 should show award of the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214, dated 15 December 1970; and a copy of General Orders Number 672, issued by Headquarters, II Field Force Vietnam, on 18 February 1970, awarding him the Bronze Star Medal with "V" Device 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 2 years on 27 December 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Crewmember).  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 15 December 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

3.  The applicant's records further show that he served in the Republic of Vietnam from on or about 7 June 1969 through 15 October 1969.  He was assigned to Company C, 2nd Battalion, 47th Infantry, 9th Infantry Division.

4.  The applicant was honorably released from active duty on 15 December 1970 after completing 1 year, 11 months, and 19 days of creditable active service with no lost time.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with (1960) Device, the Bronze Star Medal with "V" Device, and the Purple Heart.  Item 24 does not show award of the Combat Infantryman Badge.

5.  The applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 12 September 1969.  General Orders Number 672, Headquarters, II Field Force Vietnam, dated 18 February 1970, cited the following reason:

On 12 September 1962, while serving with Company C, 2nd Battalion, 47th Infantry, 3rd Brigade, 9th Infantry Division, while conducting a reconnaissance mission, [Applicant] was walking point when he saw an enemy bunker.  He immediately fired his weapon and charged the bunker.  He was able to keep the enemy pinned down long enough for the friendly force to take up defensive positions.  Although he was wounded during the initial assault, he kept firing his rifle until he was carried out of the line of fire.  [Applicant] killed one of the enemy soldiers and pinned the others down.

6.  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.  Additionally, Appendix V of USARV 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.

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

8.  Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, Special Orders Number 107, dated 17 April 1969, show the applicant was awarded the Expert Marksmanship Qualification Badge with Mortar Bar (81 mm).

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 47th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 55, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 55, dated 1971.

10.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal with two bronze service stars.  Furthermore, Appendix B of Army Regulation 600-8-22 shows the applicant participated in the TET 69 Counteroffensive, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded to be worn on the Vietnam Service Medal for participation in each campaign.

11.  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 his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman Badge.

2.  The evidence of record shows the applicant held an infantry MOS and was assigned to an infantry unit during his service in the Republic of Vietnam.  Additionally, he was awarded the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in the Republic of Vietnam on 12 September 1969 and the Purple Heart for wounds received in action on the same date while assigned to his infantry unit.  Therefore, it is reasonable to state the applicant was personally present and under hostile fire while serving in his assigned infantry unit, that he actively engaged in ground combat, and that he should be awarded the Combat Infantryman Badge and to have his records corrected to show this award.

3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to have his records corrected to show these unit awards.

4.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Mortar Bar (81 mm) which is not shown on his records.  Therefore, he is entitled to have his records corrected to show this badge.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in three campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of three bronze service stars to be affixed to his Vietnam Service Medal.

6.  The evidence of record confirms the applicant served honorably during the period 27 December 1968 through 15 December 1970.  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 SGT/E-5.  His record is absent any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal.  Therefore, he is entitled to correction of his records to show this 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.  awarding the applicant the Combat Infantryman Badge effective 12 September 1969;

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity for the period 27 December 1968 through 15 December 1970; and

	c.  adding the following awards to the applicant’s DD Form 214:  the Army Good Conduct Medal (1st Award), the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Mortar Bar (81 mm), and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




      _______ _   _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)                                         AR20090005037



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ABCMR Record of Proceedings (cont)                                         AR20090005037



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