IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090008449 


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 two combat stars (determined to be bronze service stars for his Vietnam Service Medal).  

2.  The applicant states he was wounded in Lai Kai, Vietnam on 9 June 1969.  He states his orders were to be given to him prior to his being wounded.  He states that because of his hospital stay he never received the orders for the Combat Infantryman Badge.  He states his first sergeant specifically told him that he was put in for the awards.

3.  The applicant provides no additional evidence or official documentation 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 military personnel records show he reenlisted in the Regular Army on 9 November 1967 for a period of 3 years.  He had previously completed 2 years, 7 months, and 21 days of active service that was characterized as honorable.  He initially was awarded the military occupational specialty (MOS) of 63C (General Vehicle Repairman) on 22 September 1965.

3.  Headquarters, U.S. Army, Europe Augmentation Readiness Group Special Orders Number 74, dated 5 April 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  On 16 July 1968, the applicant was assigned to Troop A, 1st Squadron, 
4th Cavalry, 1st Infantry Division in the Republic of Vietnam.

5.  On 29 November 1968, the applicant was awarded the MOS of 11D (Armor Reconnaissance Specialist).

6.  On 9 June 1969, the applicant received missile fragment wounds to his right arm, back, and thigh as a result of hostile or enemy action.  Headquarters, 2nd Surgical Hospital (Mobile Army) General Orders Number 89, dated 10 June 1969, awarded the applicant the Purple Heart.  He departed Vietnam on 30 June 1969.

7.  On 23 August 1971, the applicant was discharged.  He had completed 
2 years, 9 months, and 15 days of active service during this enlistment that was characterized as under honorable conditions.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded or is authorized the Purple Heart, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

8.  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 V Campaign (1 July 1968 - 1 November 1968); 
the Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 
22 February 1969); the Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969); and the Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969).



9.  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.  This document shows that, during the time of the applicant’s assignment to the 1st Squadron, 4th Cavalry, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 12 July 1965 to 16 October 1968, based on Department of the Army General Order Number 21, dated 1969.

10.  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.

11.  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.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period from 27 July 1950 through 27 July 1954, from 1 January 1961 through 14 August 1974, from 2 August 1990 through 30 November 1995, and from 11 September 2001 to a date to be determined.

13.  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 regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  



14.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it stated that all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in Item 24 of the 
DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to a cavalry troop and his MOS was 11D.  He was awarded the Purple Heart for wounds he received in action with a hostile force thereby showing he served in active ground combat.  Therefore, the preponderance of evidence in this case shows the applicant is entitled to the award of the Combat Infantryman Badge and to have it included on his 
DD Form 214 with an effective date of 23 August 1971.

2.  The applicant was authorized the National Defense Service Medal.  Therefore, the award should be included on his DD Form 214 with an effective date of 23 August 1971.

3.  Based on his service with the 1st Squadron, 4th Cavalry, the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and this award should be included on his DD Form 214 with an effective date of 
23 August 1971.

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

5.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, it is appropriate to include this award on his 
DD Form 214 with an effective date of 23 August 1971.

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 item 24 of his DD Form 214 with an effective date of 23 August 1971 to show he was awarded or is authorized the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, and the Expert 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)                                         AR20090008449





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ABCMR Record of Proceedings (cont)                                         AR20090008449



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