IN THE CASE OF:	  

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100008094 


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.  He states the Combat Infantryman Badge was omitted from his DD Form 214.

3.  He 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.  His military records show he enlisted in the Regular Army in pay grade E-1 on 12 October 1965, for 4 years.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 4 March 1966 through 9 April 1967 during two campaigns.  He was assigned to Headquarters and Headquarters Company, 4th Battalion, 23rd Infantry, 24th Infantry Division.

3.  His records contain General Orders Number 242, issued by Headquarters, 25th Infantry Division, on 21 January 1967, awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 19 January 1967.

4.  His records also contain General Orders Number 924, issued by Headquarters, 25th Infantry Division, on 14 March 1967, awarding him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from April 1966 to March 1967.

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

6.  He was honorably released from active duty in pay grade E-6 on 23 September 1969 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, the Republic of Vietnam Campaign Medal, two overseas service bars, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Bronze Star Medal.

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

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 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.

10.  Army Regulation 600-8-22 also specifies 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.

11.  His 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 specifies a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to 4th Battalion, 23rd Infantry, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General Order (DAGO) Number 48, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  However, orders show he was awarded the Purple Heart on 21 Januarys 1967 as a result of wounds received in action and the Bronze Star Medal on 14 March 1967.  The evidence of record also shows he served in an infantry MOS, in an infantry unit.  His wounds confirm 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.  He completed a qualifying period of service for the first award of the Good Conduct Medal.  There is no evidence in the available records which shows he was disqualified for this award.  Therefore, he is entitled to award of the Good Conduct Medal (1st Award) for the period 12 October 1965 through 11 October 1968 and correction of his records to show this award.

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

4.  General orders awarded his 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.  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.  awarding him the Good Conduct Medal (1st award) for his honorable period of service from 12 October 1965 through 11 October 1968;

   b.  awarding him the Combat Infantryman Badge;

	c.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; 

   d.  adding to Item 24 of his DD Form 214 the Good Conduct Medal (1st Award), Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 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)                                         AR20100008094



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)