IN THE CASE OF:	

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090015277 


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

2.  The applicant states that the Combat Infantryman Badge is not listed on his DD Form 214.

3.  In support of his application, the applicant provides copies of his DA Form 20 (Enlisted Qualification Record), a USAAC Form 816 (MOS (Military Occupational Specialty) Classification), and a letter from the National Personnel Records Center (NPRC), St. Louis, MO.

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 military records show he enlisted in the Regular Army (RA) in pay grade E-1 on 27 March 1968, for 3 years.  He completed training and was awarded MOS 11B (Infantryman).  He served in Vietnam from 21 September 1968 to 16 March 1969, in MOS 11B.  He was assigned to Company D, 2nd Battalion, 35th Infantry, 4th Infantry Division.

3.  The applicant’s records contain Headquarters, 71st Evacuation Hospital, General Orders Number 44, dated 3 March 1969, awarding him the Purple Heart for wounded received in action in the Republic of Vietnam on 2 March 1969.

4.  The applicant submitted a copy of USAAC Form 816, dated 27 April 1971.  The form shows he was reclassified from primary MOS 00F (Drill Sergeant) to 11B.

5.  The applicant's records show that he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence the applicant was disqualified for award of the Army Good Conduct Medal.

6.  The applicant was honorably released from active duty in pay grade E-5 on 26 March 1971, at the expiration of his term of service, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the Purple Heart, Vietnam Campaign Medal [with Device (1960)], Vietnam Service Medal, and the National Defense Service Medal.  

8.  The applicant’s DA Form 20, Item 41 (Awards and Decorations), shows his entitlement to award of the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  These awards are not listed on his DD Form 214.

9.  There are no orders in the applicant’s military personnel records that show he was awarded the Combat Infantryman Badge.


10.  The applicant also submitted a letter from NPRC, dated 23 June 2003.  The letter advised the Veterans Service Agency, Canandaigua, New York, of the applicant’s entitlement to the Combat Infantryman Badge (1st Award).

11.  A review of the Awards and Decorations Computer Assisted Retrieval System records of the applicant's units for the time frame the applicant served in Vietnam was conducted.  This review failed to show that any orders were published awarding the applicant the Combat Infantryman Badge. 

12.  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 Republic of Vietnam (USARV) 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.

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

14.  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); and the Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969) campaigns.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant’s assignment to the 2nd Battalion, 35th Infantry, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 August 1967 to 
28 July 1969, by Department of the Army General Order (DAGO) Number 3, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 August 1967 to 31 October 1969, by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  However, orders show the applicant was awarded the Purple Heart on 2 March 1969 in the Republic of Vietnam as a result of wounds received in action while assigned to D Company, 2nd Battalion, 35th Infantry, 4th Infantry Division.  The evidence of record also shows the applicant served in an infantry MOS, in an infantry unit, and confirms that he was personally present and participated in active ground combat while assigned or attached to this infantry unit.  Therefore, he is entitled to award of the Combat Infantryman Badge and to have this award shown on his DD Form 214.

2.  The applicant completed a qualifying period of service for the first award of the Army Good Conduct Medal.  There is no evidence in the available records which show the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the Good Conduct Medal (1st Award) for the period 27 March 1968 to 26 March 1971 and to correction of his records to show this award.

3.  The evidence confirms the applicant participated in three campaigns while serving in Vietnam.  Therefore, he is also entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would also be appropriate to correct his records to show these unit awards.

5.  The evidence of record also shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his records should be corrected to show these awards.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.



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 Army Good Conduct Medal (1st award) for his honorable period of service from 27 March 1968 to 26 March 1971;

   c.  awarding him the Combat Infantryman Badge;

   d.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); and

   e.  providing him a corrected DD Form 214 that includes these changes.



      ___________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)                                         AR20090015277



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ABCMR Record of Proceedings (cont)                                         AR20090015277



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