DOCKET NUMBER:  AR20090005456 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and the Army Good Conduct Medal.

2.  The applicant states he should have received the Combat Infantryman Badge and Army Good Conduct Medal, but they were never placed on his discharge document.

3.  The applicant provides a Vietnam Combat Certificate; DD Form 214; an appointment/promotion order, dated 14 April 1970; a Purple Heart Certificate; and Army Commendation Medal with "V" Device orders in support of this 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 military records show he enlisted in the Regular Army on 25 June 1969.  He was awarded the military occupational specialty (MOS) 11B (light weapons infantryman).  The highest rank he attained while serving on active duty was specialist/pay grade E-4.

3.  The applicant's official military personnel file (OMPF) contains Headquarters, United States Army Training Center, Infantry and Fort Jackson, General Orders Number 69, dated 18 May 1971, which show award of the Army Good Conduct Medal for the period 25 June 1969 to 24 June 1971.

4.  The applicant's OMPF contains a request from the Commanding General, United States Army Training Center, Infantry and Fort Jackson, to the Commanding Officer, Company C, 2nd Battalion (Airmobile), 8th Cavalry, for orders awarding him the Combat Infantryman Badge.

5.  Records show he was awarded the Purple Heart for wounds received in action on 7 March 1970.  His records also show he was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam and distinguished himself by valorous action on the same date by displaying great courage and determination after becoming engaged with a determined enemy force.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served a tour of duty in the Republic of Vietnam during the period 10 December 1969 through 9 March 1970.  During his tour, he was assigned to Company C, 2d Battalion, 8th Cavalry, 1st Cavalry Division, performing duties in MOS 11B as a rifleman.

7.  The applicant's DD Form 214 shows that on 24 June 1971 he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) after completing 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the Purple Heart, Army Commendation Medal with "V" Device, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16).

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges and paragraph 8-6 contains guidance on award of the Combat Infantryman Badge.  It states, in pertinent part, that there are three basic requirements for the Combat Infantryman Badge.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  It further stipulates that combat service alone is not a sufficient basis to support award of the Combat Infantryman Badge.

9.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 11, dated 1973, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Good Conduct Medal for the period 25 June 1969 to 24 June 1971.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Good Conduct Medal.

2.  By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry military occupational specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Evidence shows the applicant was awarded and served in an infantry MOS while assigned to an infantry unit of brigade, regimental, or smaller size.  The applicant's unit requested orders from his former unit awarding him the Combat Infantryman Badge.  The applicant was awarded the Purple Heart for wounds received in action while serving in Vietnam and the Army Commendation Medal with "V" Device for valorous action when engaged with a hostile force.  Therefore, there is sufficient evidence showing that the applicant met the criteria for award of the Combat Infantryman Badge.

3.  Records show the applicant was awarded the Vietnam Service Medal and he participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with one bronze service star.

4.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

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; and



	b.  amending the applicant's DD Form 214 to add the Army Good Conduct Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Combat Infantryman Badge.



      ____________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)                                         AR20090005456



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ABCMR Record of Proceedings (cont)                                         AR20090005456



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