BOARD DATE:	  18 May 2010

		DOCKET NUMBER:  AR20090017302 


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 awards of the Purple Heart and the 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 was an infantryman in combat in Vietnam and he was wounded by a shell fragment in his lower right leg.

3.  The applicant provides no additional evidence 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's military personnel records show he was inducted into the Army of the United States on 5 March 1968.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) of 11B (Light Weapons Infantryman).  He was promoted to sergeant/pay grade E-5 on 19 November 1968.

3.  On 22 March 1969, the applicant was assigned as a squad leader to 
D Company, 2nd Battalion, 506th Infantry (Airmobile) in the Republic of Vietnam from 22 March 1969 to 11 June 1969.

4.  Headquarters, 85th Evacuation Hospital General Order Number 63, dated 
11 June 1969, awarded the applicant the Purple Heart for wounds received in action on 10 June 1969 in the Republic of Vietnam.

5.  Headquarters, 101st Airborne Division General Orders Number 8972, dated 17 July 1969, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight from 17 January 1969 to 18 May 1969 in the Republic of Vietnam.

6.  On 4 March 1970, the applicant was released from active duty.  He had completed 2 years of active service that was characterized as honorable.  
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show he was awarded the Purple Heart or the Combat Infantryman Badge.  There are no orders in his military personnel record awarding him the Combat Infantryman Badge.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969)


9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows Company D, 2nd Battalion, 506th Infantry, while assigned and attached to the 3rd Brigade, 101st Airborne Division, was awarded the Presidential Unit Citation (Army) for the period 10-21 May 1969.  According to the citation, the units of the 3rd Brigade were involved in 8 days of intense enemy combat.

10.  Department of the Army Pamphlet 672-3 also shows while the applicant was assigned to the 2nd Battalion, 506th Infantry the unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 19 July 1968 - 14 May 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 
3 October 1968 - 2 May 1970

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the men who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

12.  Appendix V of USARV 672-1 states that during the Vietnam era infantry MOSs for award of the Combat Infantryman Badge were identified as MOS 11B, 11C, 11D, 11F, 11G, or 11H.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 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.  


14.  Army Regulation 600-8-22 states the Presidential Unit Citation (Army) is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.  The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart from and above other units participating in the same campaign. The degree of heroism required is the same as that which would warrant award of a Distinguished Service Cross to an individual.

15.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Purple Heart and the Combat Infantryman Badge should be added to his DD Form 214.

2.  Orders in the applicant's military record show he was awarded the Purple Heart and the Air Medal.  Therefore, these awards should be included on his 
DD Form 214.

3.  The applicant held the MOS 11B and was assigned as a squad leader in an infantry company in the Republic of Vietnam.  While he was assigned to Company D, the company was awarded the Presidential Unit Citation (Army), awarded to units displaying extraordinary heroism in action against an armed enemy.  The citation for this award refers to 8 days of intense enemy combat.  In addition, the applicant was awarded the Purple Heart for wounds he received on 10 June 1969.  Therefore, the preponderance of evidence in this case shows he served in active ground combat with the enemy.  Therefore, it is appropriate to award him the Combat Infantryman Badge and include this award on his 
DD Form 214.

4.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 5 March 1968 to 
4 March 1970, ending with termination of a period of Federal military service.

5.  Based on the applicant's service with Company D, 2nd Battalion, 506th Infantry, he is authorized the:

* Presidential Unit Citation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

6.  The applicant's military personnel records show he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his Vietnam Service Medal.

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 awarding the applicant the:

* Army Good Conduct Medal for the period from 5 March 1968 to 4 March 1970
* Combat Infantryman Badge


2.  The Board also recommends that item 24 of the applicant's DD Form 214 be amended to show he was awarded or is authorized the:

* Purple Heart
* Air Medal
* Army Good Conduct Medal 
* Vietnam Service Medal with two bronze service stars
* Presidential Unit Citation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge




      _______ _   _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)                                         AR20090017302



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ABCMR Record of Proceedings (cont)                                         AR20090017302



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