BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100007590 


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

2.  The applicant states his DD Form 214 does not show award of the Combat Infantryman Badge.  Item 23 (Specialty Number and Title) of his DD Form 214 shows 11B2O, Light Weapons Infantryman.

3.  The applicant provides copies of a Department of Veterans Affairs 
Form 21-4138 (Statement in Support of Claim), a letter from his former commander, and 1968 assignment orders.

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 records show he was inducted into the Army of the United States on 18 July 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B.

3.  He served in Vietnam from 21 December 1967 to 17 December 1968.  He served with Company B, 2nd Battalion, 16th Infantry, 1st Infantry Division, during five campaigns.  He was honorably released from active duty in pay grade E-4 on 17 July 1969 and was transferred to the U.S. Army Reserve Control Group.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the republic of Vietnam Campaign Medal with Device 1960, two overseas service bars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained a small wound to his abdomen on 4 October 1968; however, neither is his name shown on the Vietnam casualty roster nor was he awarded the Purple Heart.  Additionally, there is no entry in item 41 (Awards and Decorations) of his DA Form 20 showing he was awarded the Combat Infantryman Badge.

6.  A search of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) was conducted.  This review failed to show that any orders were published awarding the applicant the Combat Infantryman Badge during his service in Vietnam.

7.  He provided a copy of a letter, dated 2 January 2010, wherein his former platoon leader stated he was assigned as the platoon leader of Company B, 2nd Battalion, 16th Infantry, 1st Infantry Division, in 1968, as verified by the attached assignment orders.  1st Infantry Division's policy at that time was to award the Combat Infantryman Badge to infantrymen after they had served at least 30 days in combat with an infantry unit.  The applicant should have been awarded the Combat Infantryman Badge months prior to the platoon leader taking command of the platoon.  Regardless, he can verify the applicant did, in 

fact, meet the requirements to be awarded the Combat Infantryman Badge while serving as an infantry rifleman in combat under his command from July 1968 until December 1968.

8.  A search of the ADCARS did reveal his platoon leader (the author of the letter dated 2 January 2010) was awarded the Bronze Star Medal with “V” Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 27 August 1968, while assigned to Company B, 2nd Battalion, 16th Infantry.  General Orders 11234, issued by Headquarters, 1st Infantry Division, on 22 October 1968, cited the following action:

On this date, [Platoon Leader] was serving as a platoon leader with his company during an ambush operation in Binh Duang Province.  When the friendly force executed an attack of a North Vietnamese company and began receiving heavy hostile rocket and automatic weapons fire [Platoon Leader] left his protected position and… 

9.  Army Regulation 600-8-22 (Military Awards) specifies 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 Vietnam Regulation 672-1 (Decorations and Awards) 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.

10.  Army Regulation 600-8-22 authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  A silver service star is worn instead of five bronze service stars.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time of his assignment to the 2nd Battalion, 16th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 32, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 73, dated 1970.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held an infantry MOS and served in Vietnam with B Company, 2nd Battalion, 16th Infantry, from 21 December 1967 to 17 December 1968.  Based on the statement submitted by his former platoon leader and the platoon leader's award of the Bronze Star Medal with "V" Device which cites his actions as a platoon leader with his company during an ambush operation in Binh Duang Province on 27 August 1968, it is reasonable to presume the applicant was personally present and participated in active ground combat with his company on that date and thus met the criteria for award of the Combat Infantryman Badge.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.

2.  The evidence confirms he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to his already-awarded Vietnam Service Medal.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citations 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.

BOARD VOTE:

___x____  ___x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 Combat Infantryman Badge; and

	b.  amending his DD Form 214 to add the Combat Infantryman Badge, one silver service star to be affixed to his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citations, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      ___________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)                                         AR20100007590



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)