BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090011207 


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 his records be corrected to show he was awarded the Combat Infantryman Badge.

2.  The applicant states he was issued all of the medals listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as well as the Combat Infantryman Badge, but the Combat Infantryman Badge was omitted from his DD Form 214.  He needs the correction to his records for Department of Veterans Affairs (VA) benefits' entitlement.

3.  The applicant provides a copy of his DD Form 214.

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 into the Army of the United States on 20 February 1969, completed training, and was awarded the military occupational specialty (MOS) 11B (Infantryman).

3.  He served in Vietnam with Company D, 1st Battalion, 20th Infantry Regiment, 19th Infantry Division, from 30 July 1969 until he was wounded in action.

4.  A DA Form 8-275-2 (Clinical Record Cover Sheet) shows the applicant sustained multiple fragment wounds to his chest with lung involvement and penetrating wounds to his arm and forearm with artery and nerve involvement and to his right thigh and lower leg from a hostile booby trap.

5.  A physical evaluation board found the applicant unfit for duty and placed him on the Temporary Disability Retired List.

6.  The applicant was released from active duty as a specialist four on 24 June 1970 with 1 year, 4 months, and 10 days of creditable service.

7.  The DD Form 214 shows award of the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Purple Heart, and the Army Commendation Medal.

8.  His DA Form 20 (Enlisted Qualification Record) records his conduct and efficiency ratings as exclusively excellent and his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  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 that while the applicant was assigned to the 1st Battalion, 20th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

10.  Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:

	a.  the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a "good" academic rating in a service school was not disqualifying.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20;

	b.  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 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; and

	c.  a bronze service star is authorized based on qualifying service for each designated campaign period listed in appendix B of Army Regulation 600-8-22 and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, appendix B indicates he served during the Vietnam Summer-Fall 1969 campaign, 9 June 1969-31 October 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was issued all of the medals listed on his DD Form 214 as well as the Combat Infantryman Badge, but the Combat Infantryman Badge was omitted from his DD Form 214.  He needs the correction of his records for VA benefits' entitlement.

2.  In light of the applicant's combat-incurred wound, MOS, and duty assignment in Vietnam, he meets the criteria of having served in an infantry MOS in active ground combat while assigned to an infantry unit of brigade, regimental, or smaller size for award of the Combat Infantryman Badge.  It is appropriate to award the applicant the Combat Infantryman Badge.

3.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-4.  His record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 20 February 1969 through 24 June 1970.

4.  The applicant served during one campaign period in Vietnam and is entitled to one bronze service star to be worn on his Vietnam Service Medal.

5.  The applicant was assigned to a unit in Vietnam during the period it was authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected to reflect this award.

6.  Based on the above facts and findings, it is appropriate to correct the applicant's DD Form 214 to show that, in addition to the awards currently shown on the DD Form 214, the applicant is also authorized award of the Army Good Conduct Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear one bronze service star on his previously-awarded Vietnam Service Medal.

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 Army Good Conduct Medal for the period 20 February 1969 through 24 June 1970 and the Combat Infantryman Badge; and


	b.  adding the Army Good Conduct Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star for his previously-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)                                         AR20090011207



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ABCMR Record of Proceedings (cont)                                         AR20090011207



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