IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100008161 


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 Purple Heart and the Combat Infantryman Badge.

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

3.  The applicant provides a photocopy of his Purple Heart medal and a statement showing the award order number for the Purple Heart 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.  On 20 August 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant was awarded the following marksmanship badges:

	a.  Sharphooter (M-14 Rifle) - Special Orders Number 198 - Fort Ord, California -7 October 1968;

	b.  Expert (Grenade) - Special Orders Number 208 - Fort Ord, California - 18 October 1968;

	c.  Marksman (Automatic Rifle) - Special Orders Number 254 - Fort Gordon, Georgia – 10 December 1968; and

	d.  Expert (M-60 Machinegun) - Special Orders Number 255 - Fort Gordon, Georgia -11 December 1968.

4.  On 25 January 1969, the applicant was enrolled in the Basic Airborne Course at Fort Benning, Georgia.  There is no evidence of record showing he satisfactorily completed this course of training.

5.  On 24 February 1969, the applicant was enrolled in the Student Noncommissioned Officer Candidate Course.  He was subsequently released from this training.

6.  On 30 April 1969, the applicant departed Fort Benning for duty in the Republic of Vietnam.  He was subsequently assigned to the Americal (23rd Infantry) Division.

7.  On 20 June 1969, the applicant was assigned as a rifleman with Company C, 1st Battalion, 46th Infantry Regiment, 196th Infantry Brigade.

8.  General Orders Number 10681, Americal Division, dated 16 October 1968, awarded the applicant the Purple Heart for wounds sustained in connection with military operations against a hostile force on 9 September 1969.

9.  In January 1970, the applicant was reassigned within his company to duty as a machine gunner.  He served in this position until his return to the United States on 5 June 1970.

10.  On 6 June 1970, the applicant was released from active duty.  He had attained the rank of specialist four/pay grade E-4 and had completed 1 year, 9 months, and 17 days of creditable active duty.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

12.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were all excellent with the exception of a period of 14 days when he was en route from Fort Benning to the Republic of Vietnam.  The applicant's records do not contain any evidence of disciplinary action.  There is no evidence to show the applicant's commander took any action to deny him the Army Good Conduct Medal.

13.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

14.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, 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 was 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 that the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who held 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 provided 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.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers 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.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

16.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaigns:  the Tet 69 Counteroffensive, the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, and the DA Sanctuary Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 1st Battalion, 46th Infantry Regiment, was cited in Department of the Army General Orders (DAGO) Number 43, dated 1972, for award of the Valorous Unit Award; in DAGO Number 42, dated 1972, for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 6, dated 1974, for a third award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time of the applicant's assignment.

18.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart and the Combat Infantryman Badge.

2.  There are no available orders awarding the applicant the Combat Infantryman Badge.  However, the evidence of record shows he was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  Furthermore, his unit was awarded the Valorous Unit Award and he was wounded as a result of enemy action.  Therefore, it is reasonable to presume the applicant served in actual ground combat against a hostile force and should be awarded the Combat Infantryman Badge.

3.  General orders show the applicant was awarded the Purple Heart.  Therefore, his records should be corrected to show this award.

4.  The applicant's records clearly show he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  The applicant's unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

6.  The applicant's unit was cited in general orders for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards with authorization to wear only one of them.

7.  Records show the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

8.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Grenade and Machinegun Bars.  Therefore, his records should be corrected to show this award.

9.  Special orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  Therefore, his records should be corrected to show this award.

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 Army Good Conduct Medal for the period 20 August 1968 to 6 June 1970;

	b.  deleting from item 24 of his DD Form 214:  "VSM, EXP (M60)";

	c.  showing that in addition to the awards already shown on his DD Form 214, his awards include the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation (three awards), Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Grenade and Machinegun Bars, and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar; and

	d.  adding to item 30 (Remarks) of his DD Form 214:  "Soldier may not wear more than one award of the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100008161



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)