IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090011300 


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 Action Badge [sic] (Combat Infantryman Badge).

2.  The applicant states that the award was omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 11 December 1970, and a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 20 February 1997, in support of his request.

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 11 June 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably retired and placed on the temporary disability retired list in his retired rank/grade of specialist four (SP4)/E-4 on 11 December 1970.

3.  The applicant's records also show he served in the Republic of Vietnam from on or about 22 April 1970 to on or about 15 July 1970.  He was assigned to Company A, 2nd Battalion, 501st Infantry.

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 Vietnam Service Medal, the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the 2nd Class Gunner Marksmanship Qualification Badge with Machinegun Bar (M-60).

5.  On 28 December 2006, the applicant was issued a DD Form 215 (Correction to DD Form 214) showing he was awarded the Bronze Star Medal with "V" Device, the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  The applicant's records contain a U.S. Army Vietnam message, dated 9 July 1970, that shows he was not seriously wounded and suffered a fragment wound to his right forearm while engaging a hostile force in a firefight during combat operations in the Republic of Vietnam on 7 July 1970.

8.  On 10 July 1970, Headquarters, 85th Evacuation Hospital (Semi-mobile), published General Orders Number 168, awarding the applicant the Purple Heart for wounds received in action on 7 July 1970.

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.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his records.

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.  Furthermore, item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service (with the exception of one "unknown" rating while en route to the U.S. Army Pacific Command).  His records do not contain any derogatory information.

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 completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

13.  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 pamphlet shows the 2nd Battalion, 501st Infantry, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 18 March 1968 to 2 May 1970 based on Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant held a qualifying infantry MOS and he was assigned to an infantry unit during his service in Vietnam.  Additionally, he was awarded the Purple Heart for being wounded in action while engaging the enemy during combat operations on 7 July 1970 in the Republic of Vietnam.  The available evidence is sufficient proof the applicant participated in active ground combat while assigned to an infantry unit.  Therefore, he 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 Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.
3.  The evidence of record confirms that the applicant served honorably during the period 11 June 1969 through 11 December 1970.  He received "excellent" conduct and efficiency ratings throughout his military service, attained the rank of SP4/E-4, and was awarded multiple combat awards.  Lacking any derogatory information on file that would have disqualified him, it is 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; 

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 June 1969 through 11 December 1970; and

	c.  adding to his DD Form 214 the Combat Infantryman Badge, the Army Good Conduct Medal (1st Award), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      ___________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)                                         AR20090011300



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ABCMR Record of Proceedings (cont)                                         AR20090011300



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