BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090019297


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 he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states he is unsure of his entitlement to the CIB, but he served in a front line combat unit in Vietnam and was wounded in action.  He would like to have the CIB annotated on his headstone when he dies.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing the National Defense Service Medal, Vietnam Service Medal with bronze service star, Vietnam Campaign Medal, and the Purple Heart.  It also shows he served in Vietnam for 1 month and 29 days.

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 for 2 years on 26 October 1967.  His DA Form 20 (Enlisted Qualification Record) shows the following record of assignments:

* 19671026 – US Army Reception Station, Fort Bliss, TX
* 19671101 – Basic Combat Training, Fort Bliss
* 19680112 – En route to Fort Polk, LA
* 19680115 – Infantry Advanced Individual Training, Fort Polk
* 19680315 – En route to Vietnam
* 19680422 – Assigned Company A, 2nd Battalion, 505th Infantry
* 19680522 – Wounded in action; placed in medical channels
* 19680608 – Patient, Medical Holding Company, William Beaumont General Hospital, El Paso, TX
* 19690205 – Company B, 3rd Battalion, 11th Infantry, Fort Carson, CO
* 19691024 - Separation

3.  In Vietnam, the applicant served in military occupational specialty (MOS) 11H (Indirect Fire Infantryman) with Company A, 2nd Battalion, 505th Infantry.  A telegram sent to his mother on 26 Mar 1968 stated, "…your son, Private First Class [applicant], was slightly wounded in Vietnam on 22 May 68 as a result of hostile action.  He received metal fragment wounds to the right thigh, right knee, and left index finger.  He was on a combat operation when his unit engaged a hostile force in a firefight."

4.  The applicant's DA Form 20 also shows "excellent" conduct and efficiency marks, a steady progression of promotion, and no court-martial convictions.

5.  The applicant's records contain the following orders:

* Special Orders Number 315, Headquarters (HQ), US Army Training Center, Air Defense, Fort Bliss, TX, dated 20 December 1967, awarding the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders Number 027, HQ, US Army Training Center, Infantry, Fort Polk, LA, dated 31 January 1968, awarding the Marksman Marksmanship Qualification Badge with Pistol Bar (Cal .45)
* Special Orders Number 039, HQ, US Army Training Center, Infantry, Fort Polk, LA, dated 14 February 1968, awarding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Special Orders Number 057, HQ, US Army Training Center, Infantry, Fort Polk, LA, dated 5 March 1968, awarding the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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.  

7.  Army Regulation 672-5-1, in effect during Vietnam, provided that the 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.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 6 October 1968 to 11 November 1969 by Department of the Army General Order Number 43, dated 1970.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 March 1968 to 4 October 1968 by Department of the Army General Order Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests he be awarded the CIB.  He is entitled to the CIB and more.

2.  The applicant was a school-trained 11H, indirect fire infantryman.  He served in Vietnam in an infantry company.  His record, and his Purple Heart, proves he saw action against the enemy.  He should be awarded the CIB and it should be added to his DD Form 214.

3.  The applicant was a good Soldier, with "excellent" conduct and efficiency ratings and no disciplinary problems.  He should be awarded the Good Conduct Medal for the period 26 October 1967 to 24 October 1969 and it should be added to his DD Form 214.

4.  The applicant received marksmanship badges which do not appear on his 
DD Form 214; they should be added.

5.  By virtue of his service with the 2nd Battalion, 505th Infantry, the applicant is entitled to have the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation added to his DD Form 214.

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 him the Good Conduct Medal for the period 26 October 1967 to 24 October 1969 and the CIB; and

   b.  adding the Good Conduct Medal, CIB, Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Recoilless Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Pistol Bar (Cal .45), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.
   



      _______ _   ___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)                                         AR20090019297





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ABCMR Record of Proceedings (cont)                                         AR20090019297



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