IN THE CASE OF:	  

		BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090005882 


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. 

2.  The applicant states he served as a radio operator with an infantry company and then as an infantryman in his secondary military occupational specialty (MOS) of 11B.  He was wounded while serving as an infantryman. 

3.  The applicant provides copies of his certificate for the Purple Heart, three pages from an unknown source concerning the history of the 3rd Battalion, 12th Infantry, and a list of casualties that includes the applicant’s name along with his unit identification. 

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 was inducted and entered active duty on 7 December 1965.  He was the honor graduate of his class at the Infantry Radio Maintenance Course.  He was awarded MOS 31B2O and advanced to pay grade E-3.

3.  On 15 June 1966 he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division.  After a disciplinary action that resulted in his reduction in rank, he was reassigned to 
A Company, 3rd Battalion, 12th Infantry, on 3 March 1967, as a rifleman in duty MOS 11B.  

4.  The applicant was wounded in action on 22 May 1967.  He was awarded the Purple Heart and evacuated to Japan.

5.  He returned to the U.S. and was released from active duty early as an overseas returnee.  On 11 September 1967 he was separated with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Annual Training) in pay grade E-2.

6.  Block 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle 
Bar (M-14), Purple Heart, [Republic of] Vietnam Campaign Medal [with 1960- device] and the Vietnam Service Medal.  The Purple Heart was entered by means of an unauthorized type-over.

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the same awards less the Purple Heart.

8.  There is no available evidence that the applicant was awarded a secondary MOS as an infantryman.  

9.  The following information is pertinent to the applicant's request and related awards:
 
	a.  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.
	b.  The regulation also provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included 
attachment to or assignment to an organization participating in or directly supporting military operations for 1 or more days.  

   c.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in three campaigns; the Vietnamese Counteroffensive from 25 December 1965 through 30 June 1966, Vietnamese Counteroffensive Phase II from 1 July 1966 through 31 May 1967 and the Vietnamese Counteroffensive Phase III from 
1 June 1967 through - 29 January 1968.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. 

	d.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that the 3rd Battalion, 12th Infantry was awarded the Presidential Unit Citation for action during the period 18 through 26 May 1967 by Department of the Army General Order (DAGO) Number 69 of 1969; the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by DAGO Number 52 of 1971, and the Republic of Vietnam Civil Actions Honor First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53 of 1970.

10.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  It directs that the DD Form 214 is to be prepared without corrections or strikeovers and that awards are to be listed in the order of precedence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served as a radio operator with an infantry company and then as an infantryman in his secondary military occupational specialty (MOS) of 11B.  He was wounded while serving as an infantryman.

2.  There is no available evidence to show that the applicant was awarded a secondary MOS as an infantryman.  Nevertheless, he served in a duty MOS of  11B in an infantry company in Vietnam,  He was wounded in action while serving that capacity.  Based on the dates, this apparently occurred during a 9-day engagement for which his battalion was awarded the Presidential Unit Citation.  It would be in the interest of justice to award him the Combat Infantryman Badge, as a exception to policy.    

3.  The applicant is authorized the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor First Class Unit Citation.

4.  The above awards should be entered on his DD Form 214.  The unauthorized type-over entry on his DD Form 214 should be eliminated and his awards entered properly in order of precedence. 

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 him the Combat Infantryman Badge;
   
   b.  deleting all the awards currently shown on his DD Form 214; and 
   
   c.  showing that his authorized awards consist of the Purple Heart, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with 1960- device, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, Combat Infantryman Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar.



      
      _______ _   _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)                                         AR20090005882



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ABCMR Record of Proceedings (cont)                                         AR20090005882



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