IN THE CASE OF:	

		BOARD DATE:	  23 February 2010

		DOCKET NUMBER:  AR20090013906


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 the Bronze Star Medal and Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he believes his receipt of the Bronze Star Medal is sufficient proof of his entitlement to the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 and a Bronze Star Medal Certificate 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 was inducted into the Army of the United States on 18 March 1968 for a period of 2 years.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  On 17 March 1970, he was honorably released from active duty at the expiration of his term of service.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Commendation Medal (2nd oak leaf cluster) with "V" Device, National Defense Service Medal, Air Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the First Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Rifle (M-16) and Machinegun (M-60) Bars.  His DD Form 214 does not show award of the Bronze Star Medal or the Combat Infantryman Badge.

4.  The applicant served in Vietnam from on or about 24 August 1968 to on or about 14 July 1969 in MOS 11B as a Light Weapons Infantry Team Leader with Company C, 3rd Battalion, 47th Infantry, 9th Infantry Division.

5.  Orders Number 7833, Headquarters, 9th Infantry Division, dated 28 June 1969, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from August 1968 to June 1969.

6.  Orders Number 9435, Headquarters, 9th Infantry Division, dated 9 July 1969, awarded the applicant the Bronze Star Medal with "V" Device for heroism on
20 June 1969.  The reason stated was:

For heroism involving conflict with an armed hostile force in the Republic of Vietnam:  Sergeant [Applicant] distinguished himself by valorous actions on 20 June 1969 while serving as a Squad Leader with Company C, 3rd Battalion, 47th Infantry, on a search and destroy mission near Ben Tre.  In leading an assault on enemy positions Sergeant [Applicant], with total disregard for his personal safety, maneuvered across 50 meters of open terrain and took up an exposed position from which to return fire and direct his men.  Sergeant [Applicant's] personal bravery and devotion to duty are in keeping with the highest traditions of the military service and reflect great credit upon himself, the 9th Infantry Division, and the United States Army.


7.  The applicant's DD Form 214 does not show the Bronze Star Medal or the Combat Infantryman Badge as authorized awards.

8.  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 personnel 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.

9.  Army Regulation 600-8-22 further states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

10.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968); Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 - 
8 June 1969); and the Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969) campaigns.

DISCUSSION AND CONCLUSIONS:

1.  Orders issued by the 9th Infantry Division in Vietnam awarded the applicant a Bronze Star Medal for meritorious service and for heroism.  Therefore, his
DD Form 214 should be corrected to show the Bronze Star Medal (1st oak leaf cluster) with "V" Device.

2.  Award of the Combat Infantryman Badge requires that a Soldier must have held an infantry MOS and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The applicant was an infantry Soldier, assigned to an infantry company, and his Bronze Star Medal for heroism attests to his having served in active ground combat.  
Therefore, he should be awarded the Combat Infantryman Badge and his records should be corrected to show this award.

3.  Records show the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Combat Infantryman Badge for his service in the Republic of Vietnam from on or about 24 August 1968 to on or about 14 July 1969 while assigned to Company C, 3rd Battalion, 47th Infantry, 9th Infantry Division; and

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal (1st oak leaf cluster) with "V" Device, Combat Infantryman Badge, and the Vietnam Service Medal with four bronze service stars.



      ___________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)                                         AR20090013906



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ABCMR Record of Proceedings (cont)                                         AR20090013906



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