BOARD DATE:	 1 December 2009 

		DOCKET NUMBER:  AR20090011791 


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 that the award of the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he was an infantryman who served in combat and was awarded the Purple Heart and his records should show the award of the CIB.

3.  The applicant provides a copy of his DD Form 214 and a copy of his DD Form 215 (Correction to 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 volunteered for induction in Indianapolis, Indiana on 7 November 1968.  He completed his basic training at Fort Campbell, Kentucky and his advanced individual training as a light weapons infantryman at Fort Lewis, Washington.

3.  On 24 April 1969, he was transferred to Vietnam for assignment to Company C, 2d Battalion, 502d Infantry Regiment as a light weapons infantryman.

4.  On 7 October 1969, he was awarded the Army Commendation Medal (ARCOM) in General Orders Number 12784, issued by Headquarters, 101st Airborne Division (Airmobile).

5.  On 25 October 1969, while serving in the rank of private first class (PFC), he sustained gunshot wounds to the right side and neck and was subsequently evacuated to the Army Hospital at Fort Knox, Kentucky on 25 November 1969.  The applicant was awarded the Purple Heart for his wounds and he was subsequently transferred to Fort Riley, Kansas.

6.  On 16 November 1970, he was honorably released from active duty (REFRAD) due to the expiration of his term of service.  He had served 2 years and 10 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) and his marksmanship awards.  A DD Form 215 issued on 20 September 1989 added the award of the Purple Heart.

7.  A review of the available records failed to show that he was awarded the CIB.  However, his records do show that he had “excellent” conduct and efficiency ratings throughout his service and there is no evidence that the commander sought to deny him the award of the Good Conduct Medal (AGCM).

8.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.



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 military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

10.  Army Regulation 600-8-22 provides that the 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal (RVNCM) with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class Unit Citation (RVNCAHM-FC) during the period he was assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the CIB has been noted and found to have merit.  The applicant was serving as an infantryman in an infantry company at the time he was wounded in Vietnam on 25 October 1969 in the rank of PFC.  Accordingly, it would be in the interest of justice to award him the CIB effective 25 October 1969.

2.  The applicant was also awarded the ARCOM and that award was omitted from his DD Form 214 at the time of his REFRAD.  Accordingly, it should be added at this time.

3.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from 7 November 1968 through 16 November 1970.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore,  in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.

5.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the RVNCM with Device (1960), the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and three bronze service stars for wear on his already-awarded VSM.

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 CIB effective 23 October 1969 and the AGCM for the period of 7 November 1968 to 16 November 1970; and

   b. amending his DD Form 214 to add the ARCOM, the CIB, the AGCM, the RVNCM with Device (1960), the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and three bronze service stars for wear on his already-awarded VSM.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   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)                                         AR20090011791





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ABCMR Record of Proceedings (cont)                                         AR20090011791



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