IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100009052 


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.

2.  The applicant states he served with the 173rd Infantry Airborne Brigade and was hit by a booby trap on 2 February 1970.  He spent 2 months in a hospital recovering from his injuries.  Therefore, he believes he is entitled to award of the Combat Infantryman Badge.

3.  The applicant did not provide any documentary evidence 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.  The applicant was inducted into the Army of the United States on 18 February 1969 for a 2-year period.  The applicant completed his initial entry training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  Award of primary MOS 11B is confirmed by Special Orders Number 145 published on 19 June 1969 by Headquarters, U.S. Army Training Center, Infantry, and Fort Polk.

3.  Item 22 (Military Occupational Specialties) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 11B on 27 June 1969.

4.  Item 40 (Wounds) of the applicant's DA Form 20 shows he was wounded on 2 February 1970.  This document shows he had metal fragment wounds.

5.  The applicant's DA Form 20 shows he served in the Republic of Vietnam from on or about 8 December 1969 to 16 February 1970.  He was assigned to Company B, 2nd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade.  During this period of service, his duty MOS was 11B and he served as a rifleman.  On 14 February 1970, the applicant was assigned to Fort Knox, KY, as a patient. Upon his return to duty from patient status, his second tour of duty in the Republic of Vietnam was from on or about 21 November 1970 to 9 February 1971.  During this second tour of duty, the applicant was awarded primary MOS 64A (Light Vehicle Driver) and served in this MOS.  He had returned to his initial unit of assignment with 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade.

6.  The applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations for his period of service from December 1969 to February 1970.

7.  The applicant was honorably released from active duty on 16 February 1971.  He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his military service obligation.  He received a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) upon separation showing he served a total of 1 year, 11 months, and 28 days of active service with 7 months and 13 days of foreign service in the U.S. Army Pacific geographic region.

8.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows his primary MOS upon separation was 64A.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the applicant was awarded the:

* National Defense Service Medal
* Parachutist Badge
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar

10.  The Vietnam casualty roster shows the applicant was wounded in action on 2 February 1970 as a result of wounds inflicted by an enemy booby trap and that he received medical treatment by Armed Forces medical personnel for his wounds.  At the time of his injury, his primary MOS was 11B1P (Infantryman Parachutist).

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Combat Infantryman Badge or the Purple Heart.

12.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  Army Regulation 600-8-22 also states, when contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

   c.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

	d.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	e.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

	f.  Army Regulation 600-8-22, paragraph 2-13, states 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, participation credit was awarded for the following two campaigns:
   
* Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970)
* Consolidation I (1 July 1970 to 30 November 1971)

	g.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  However, Soldiers who were wounded by a hostile force were eligible with less than 6 months of service in country.

	h.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 503rd Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 December 1970 by Department of the Army General Orders Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 16 April 1969 to 16 March 1971 by Department of the Army General Orders Number 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was not awarded a Combat Infantryman Badge for his combat service in the Republic of Vietnam.  He states he was injured by a booby trap and spent 2 months in a hospital.

2.  There is merit to the applicant's statement that he was wounded while serving in the Republic of Vietnam.   A review of the Vietnam casualty roster shows he was wounded in action on 2 February 1970, that his wounds were from an enemy booby trap, and that he received medical treatment from Armed Forces medical personnel.  In addition, item 40 of his DA Form 20 shows he sustained metal fragment wounds on 2 February 1970.  Therefore, the applicant is entitled to award of the Purple Heart for injuries incurred on 2 February 1970.

3.  While the applicant did not request award of the Purple Heart, it would be appropriate to award him the Purple Heart based on his documented wounds and subsequent medical treatment.

4.  Based on his combat service in the Republic of Vietnam and subsequent award of the Purple Heart for combat wounds, it appears reasonable to believe that the applicant, who served in MOS 11B1P and in an infantry unit, was actively engaged with enemy ground forces when he encountered an enemy booby trap.  Therefore, a presumption can be made that the applicant met the three criteria for award of the Combat Infantryman Badge.  He was an infantryman with an infantry MOS.  He served with an infantry company during combat operations.  And based on award of the Purple Heart, it can be shown he was engaged with enemy forces during ground operations.  Therefore, the applicant should be awarded the Combat Infantryman Badge and his record should be corrected to show this badge.

5.  The applicant served in the Republic of Vietnam during a period of qualifying service.  Therefore, he is entitled to award of the Vietnam Service Medal.  Based on his participation in two campaigns while serving with the 2nd Battalion, 503rd Infantry, the applicant is entitled to have two bronze service stars affixed to his Vietnam Service Medal.



6.  Because the applicant was wounded by hostile forces he meets the eligibility criteria for award of the Republic of Vietnam Campaign Medal with Device (1960) for their qualifying service. 

7.  General orders announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the 2nd Battalion, 503rd Infantry, the unit to which the applicant was assigned during his two tours of duty in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these two unit awards.

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 is 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 Purple Heart for wounds received in action on 2 February 1970,

	b.  awarding him the Combat Infantryman Badge, and

	c.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20100009052



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ABCMR Record of Proceedings (cont)                                         AR20100009052



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