IN THE CASE OF:
BOARD DATE: 17 November 2009
DOCKET NUMBER: AR20090010709
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. He also requests that he be provided a copy of his high school diploma.
2. The applicant states that his high school diploma is shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he obtained this diploma while in the service in 1969.
3. The applicant provides a copy of his DD Form 214 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 enlisted in the Regular Army on 17 May 1967 for a period of 3 years. He was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served in MOS 11B assigned to Company B, 4th Battalion (Airborne), 503rd Infantry, in Vietnam from 26 October 1968 until he was wounded in action on 29 December 1968 and transferred to the United States on 27 March 1969. He served in Korea from 9 July 1969 to 8 January 1970. On 10 January 1970, the applicant was released from active duty.
3. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Purple Heart, the Armed Forces Expeditionary Medal (Korea), and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards. Item 30 (Remarks) of his DD Form 214 shows the entry "CIVILIAN EDUCATION: 12 Yrs."
4. There are no orders for the Combat Infantryman Badge in the available records.
5. The available records do not contain a high school diploma. However, the applicant's service personnel records contain a Military Test Report for Tests of General Educational Development, High School Level which shows he satisfactorily completed the tests for military purposes in July 1969. A copy of this report will be provided to the applicant.
6. Headquarters, 8th Infantry Division, Special Orders Number 22, dated 22 January 1968, show the applicant received the Parachutist Badge.
7. Records show the applicant participated in two campaigns during his assignment in Vietnam.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the applicant's unit (4th Battalion, 503rd Infantry) at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.
9. 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 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 U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.
10. 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 and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam. He was also wounded in action. Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.
2. Orders show the applicant received the Parachutist Badge. Therefore, his DD Form 214 should be corrected to show this badge.
3. The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.
4. The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. Therefore, his DD Form 214 should be corrected to show this unit citation.
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; and
b. adding the Combat Infantryman Badge, the Parachutist Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal 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) AR20090010709
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ABCMR Record of Proceedings (cont) AR20090010709
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