IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100009548 


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 (CIB).

2.  The applicant states the CIB was omitted from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides 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.  The applicant's record shows he was inducted into the Army of the United States on 14 February 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

3.  The applicant served in the Republic of Vietnam (RVN) during the period
3 September 1968 through 2 February 1969.  During his Vietnam tour, he was assigned to Company A, 2nd Battalion, 502nd Infantry, 101st Airborne Division, as an 11B.

4.  His records contain a message, date time group (DTG) 021210Z Feb 69 from the commanding general, Camp Zama, Japan to the Chief, Casualty Division, The Adjutant General (TAG), Washington, DC.  This message reported the applicant was seriously ill and medically evacuated to Medical Holding, 106th General Hospital in Japan on 2 February 1969.  He received multiple fragment wounds during a mortar attack in Vietnam at 0445 hours on 25 January 1969.

5.  His records also contain a Western Union Telefax, dated 2 February 1969, wherein his parents were notified that the applicant was placed on the seriously ill list in Japan "as a result of a gunshot to his right thigh iliac vein with thrombosis and gunshot wound to the left thigh and groin area.  He received his wounds in Vietnam on 25 January 1969 while at defensive position when area came under hostile mortar attack."  On 5 May 1969, General Orders Number 55, issued by Department of the Army, Letterman General Hospital, San Francisco, CA, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 25 January 1969.

6.  His records further contain a DA Form 8-118 (Medical Board Proceedings), dated 7 August 1969, that shows he was medically unfit for further military service based on multiple fragment wounds received on 25 January 1969 in Vietnam when hit by mortar fragments.  The board recommended referral to a physical evaluation board.

7.  His records contain a DA Form 1361 (Recommended Findings of Physical Evaluation Board), dated 12 September 1969. It shows the board determined he was physically unfit for further military service and his disability was a direct result of armed conflict and recommended his permanent retirement with a 30 percent disability rating percentage.  On 15 September 1969, the applicant concurred and waived a formal hearing of his case.  He was subsequently retired by reason of permanent disability on 7 October 1969.

8.  Item 24 of the applicant's DD Form 214 shows he was awarded the Purple Heart, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge, and the Marksman Marksmanship Qualification Badge.  It does not show award of the CIB.

9.  Item 38 of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency rating throughout his service.  There is no record of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal (1st Award).

10.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Purple Heart, National Defense Service Medal, Vietnam Service Medal, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Automatic Rifle (M-16) and Machinegun (M-60) Bars.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges, and paragraph 8-6 contains guidance on award of the CIB.  It states, in pertinent part, that there are three basic requirements for the CIB.  The member must hold and serve in an infantry MOS; he must be assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and he must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

12.  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 two campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

14.  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.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to 2nd Battalion, 502nd Infantry, his unit was cited for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
19 July 1968 - 14 May 1969, by Department of the Army General Order (DAGO) 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 18 March 1968 - 2 May 1970, by DAGO 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Combat Infantryman Badge.  There is sufficient evidence to support this request.

2.  Records show the applicant was awarded the Purple Heart for wounds received in Vietnam on 25 January 1969 while at a defensive position when his area came under hostile motor attack.  The evidence of record also shows he served in an infantry MOS, in an infantry unit.  His wounds confirm he participated in active ground combat while assigned to the 502nd Infantry.  As such, there is sufficient evidence showing the applicant 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 DD Form 214 to show this award.

3.  Records show the applicant received "excellent" conduct and efficiency rating throughout his service with no record of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

4.  The evidence of records confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.
5.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 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.  deleting from item 24 of his DD form 214 the Vietnam Service Medal;

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period
14 February 1968 through 7 October 1969;

   c.  awarding him the Combat Infantryman Badge for actions on 25 January 1969; and

   d.  adding to item 24 of his DD form 214 the Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, 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)                                         AR20100009548



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100009548



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1