BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100007373 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and any other awards he may be entitled to.

2.  The applicant states all awards are not on his DD Form 214.

3.  The applicant provides a copy of his 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.  On 8 September 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 306, U.S. Army Training Center, Fort Campbell, KY, dated 3 November 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] Bar.

4.  Special Orders Number 310, U.S. Army Training Center, Fort Polk, LA, dated 16 December 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar and the First Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Machinegun [M-60] Bar.

5.  On 30 January 1970, the applicant departed Fort Polk for duty in the Republic of Vietnam.  On 25 March 1970, he was assigned as a rifleman with D Company, 1st Battalion, 506th Infantry Regiment, 101st Airborne Division.

6.  On 20 April 1970, the applicant received medical treatment for fragment wounds to his left shoulder and forearm.  These wounds were the result of an ambush near his fire base.  He was subsequently awarded the Purple Heart.

7.  On 8 May 1970, the applicant was discharged for the purpose of immediate reenlistment on the following day.  On 14 May 1970, he was reassigned to Headquarters and Headquarters Company, 101st Aviation Battalion, for duty as a mechanic maintenance apprentice.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 8 May 1970 lists his awards as the National Defense Service Medal and the Vietnam Service Medal.

9.  On 21 June 1970, the applicant was reassigned within the battalion to 
C Company.  On 30 June 1970, he was assigned to duty as a wheeled vehicle mechanic.

10.  On 26 December 1970, the applicant returned to the United States for duty at Fort Riley, KS.

11.  On 8 May 1973, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had attained the rank/grade of specialist four (SP4)/E-4.  He completed a total of 3 years, 8 months, and 1 day of creditable active service.
12.  Item 24 of his DD Form 214 for the period ending 8 May 1973 lists his awards as the Vietnam Service Medal with two bronze service stars, [Republic of] Vietnam Campaign Medal with Device (1960), and the Purple Heart, and one Overseas Service Bar.

13.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he received "excellent" conduct and efficiency ratings throughout his service.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

14.  Item 40 (Wounds) of the applicant’s DA Form 20 shows that he received fragment wounds to his right forearm on 20 April 1970.

15.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provided instructions for the completion of the DA Form 20.  Paragraph 9-53 specified entry in Item 40 of a brief description of wounds or injuries received through hostile or enemy action requiring medical treatment and/or hospitalization.   The date wounded or injured was also to be entered.

16.  Army Regulation 672-5-1 (Awards) in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed 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.  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 are not disqualifying.

17.  Army Regulation 600-8-22 (Military Awards) provides 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.

18.  U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations), in effect at the time, 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 man 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.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  
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.  Additionally, Appendix V of USARV 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.

19.  Army Regulation 600-8-22, paragraph 2-13, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

20.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and
30 November 1995, and 11 September 2001 and a date to be determined.

21.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the units to which he was assigned were cited for award of the following:

* 506th Infantry:  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 - 2 May 1970 by DAGO 48, dated 1971
* 101st Aviation Battalion:  Valorous Unit Award for the period 22 - 23 July 1970 by Department of the Army General Orders (DAGO) 50, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 October - 7 December 1970 by DAGO 11, dated 1973

22.  Department of the Army Pamphlet 672-3, paragraph 6d, states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, USARV and its subordinate units during the period 20 July 1965 to 28 March 1973.

23.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.  He also contends that there may be other awards he is entitled to.

2.  The evidence clearly shows that the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  He was wounded during an enemy ambush near his fire base and he was awarded the Purple Heart.  Therefore, he is entitled to award of the Combat Infantryman Badge for his actions on 20 April 1970 and correction of his DD Form 214 for the period ending 8 May 1973 to show this award.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings, advancement to pay grade E-4, and an honorable discharge.  There is no evidence of any disciplinary action.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded the Army Good Conduct Medal (First Award) for the period 8 September 1969 to 7 September 1972 and his DD Form 214 for the period ending 8 May 1973 should be corrected to show this award.

4.  During the applicant’s assignment to his units in Vietnam, they were cited for award of the Valorous Unit Award and 2 awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  All units in Vietnam were later awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 for the period ending 8 May 1973 should be corrected to show these unit awards.

5.  Records show that the applicant participated in three campaign periods during his service in Vietnam.  Therefore, he is entitled to an additional bronze service star for wear on his already-awarded Vietnam Service Medal.


6.  Records show the applicant served a qualifying period for award of the National Defense Service Medal.  Therefore, his DD Form 214 for the period ending 8 May 1973 should be corrected to show this award.

7.  Records show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] and Machinegun [M-60] Bars.  Therefore his DD Form 214 should be corrected to show this badge.

8.  Records show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar.  Therefore his DD Form 214 should be corrected to show this badge.

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 for the period ending 8 May 1973 the Vietnam Service Medal with two bronze service stars;

   b.  awarding him the Combat Infantryman Badge effective 20 April 1970;

	c.  awarding him the Army Good Conduct Medal (First Award) for the period
8 September 1969 to 7 September 1972;

	d.  adding to item 24 of his DD Form 214 for the period ending 8 May 1973 the Army Good Conduct Medal (First Award), National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 


(2 awards), Sharpshooter Marksmanship Qualification Badge with Rifle [M-14] and Machinegun [M-60] Bars, and the Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar.



      _________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)                                         AR20100007373



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedin