IN THE CASE OF:	  

		BOARD DATE:	  4 June 2009

		DOCKET NUMBER:  AR20090008600 


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.

2.  The applicant states that an error was made on his DD Form 214.  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 28 May 1971; a copy of his DD Form 215 (Correction to DD Form 214), dated 9 June 2008; and a copy of General Orders Number 12327, issued by Headquarters, 101st Airborne Division, on 7 October 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 31 May 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 28 May 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  The applicant's records further show that he served in the Republic of Vietnam from on or about 30 June 1970 through on or about 4 September 1970.  He was assigned to Company A, 2nd Battalion, 502nd Infantry, 101st Airborne Division.

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 with two bronze service stars, the Purple Heart, the Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  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 ground combat against a hostile force in the Republic of Vietnam on 24 August 1970.  General Orders Number 12327, Headquarters, 101st Airborne Division, dated 7 October 1970, cited the following reason:

[Applicant] distinguished himself while serving as an assistant machine gunner in Company A, 2nd Battalion, 502nd Infantry, during combat operations in Thua Thien Province in the Republic of Vietnam.  When the lead element of his company was ambushed by an enemy force in well-fortified positions, numerous friendly casualties were incurred.  [Applicant] immediately moved to a forward position and assisted the machine gunner in delivering a heavy volume of accurate suppressive fire on the aggressors. Although wounded, he continued to engage the enemy with suppressive fire, covering the extraction of other wounded personnel from the area.

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge.  This regulation states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty and satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty in a unit actively engaged in ground combat with the enemy.  Commanders were not allowed to make any exceptions to this policy.  During the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 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 Polk, Fort Polk, LA, Special Orders Number 176, dated 22 July 1969, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) on 9 July 1969.

9.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, Special Orders Number 227, dated 18 September 1969, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) on 12 September 1969.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 502nd Infantry, was awarded the Valorous Unit Award for the period 13 August 1970 to 30 August 1970 based on Department of the Army General Orders Number 50, dated 1971, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

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 the applicant’s 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 that 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 24 August 1970 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 that the applicant was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy and should be awarded the Combat Infantryman Badge and have his records corrected to show this award.

3.  General orders awarded the applicant’s unit the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm 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 Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) which are not shown on his records; therefore, he is entitled to have his records corrected to show these badges.

5.  The evidence of record confirms that the applicant served honorably during the period 31 May 1969 through 28 May 1971.  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.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the 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.
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 24 August 1970;

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity for the period 31 May 1969 through 28 May 1971; and

	c.  adding award of the Army Good Conduct Medal (1st Award), the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) 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)                                         AR20090008600



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ABCMR Record of Proceedings (cont)                                         AR20090008600



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