IN THE CASE OF:	  

		BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100010111 


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 in combat with Company D, 1st Battalion, "10th" Infantry when he was wounded in action during a night ambush.  He was awarded the Purple Heart but not the Combat Infantryman Badge. 

3.  The applicant provides a copy of his 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 14 May 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His records also show he served in the Republic of Vietnam from on or about 16 April 1969 to on or about 23 May 1969.  He was assigned to Company D, 1st Battalion, 18th Infantry, 1st Infantry Division. 

4.  On 11 May 1969, he was wounded by small arms fire in his left knee and left arm during a night ambush in Vietnam.  He was initially treated at a local military hospital.  He was transferred in a patient status to the 106th General Hospital in Japan on 14 May 1969 and ultimately to St. Albans Naval Hospital, NY, on 23 May 1969. 

5.  He was honorably retired by reason of temporary disability on 10 December 1969 and ultimately placed on the permanent retired list in his retired rank/grade of sergeant (SGT)/E-5 on 29 February 1972.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Purple Heart, and Good Conduct Medal. 

7.  Headquarters, 93rd Evacuation Hospital, General Orders Number 131, dated 12 May 1969, awarded him the Purple Heart for wounds received in action in Vietnam on 11 May 1969.

8.  His records do not contain official orders awarding him the Combat Infantryman Badge.  

9.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification record) does not show award of the Combat Infantryman Badge.

10.  Army Regulation 600-8-22 (Military Awards) states 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 (Awards and Decorations) 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.


11.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Headquarters, U.S. Army Training Center, Fort Benning, GA, Special Orders Number 146, dated 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

13.  Headquarters, Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded the 1st Battalion, 18th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Headquarters, DAGO Number 53, dated 1970, awarded this unit the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation.

14.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam participation credit was awarded for the TET 69 Counteroffensive from 23 February 1969 to 8 June 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he held an infantry MOS and was assigned to an infantry battalion when he was wounded with small arms fire during an ambush in Vietnam.  This is accepted as sufficient to award him the Combat Infantryman Badge and correct his records to show it. 

2.  The evidence of record shows he was awarded the Vietnam Service Medal.  He also participated in one campaign while serving in Vietnam; therefore, he is entitled to a bronze service star to be affixed to the Vietnam Service Medal.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  General orders awarded the applicant’s unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation which are not shown on his records; 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 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 Combat Infantryman Badge; and

	b.  adding to his DD Form 214 the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation, and a bronze service star to be affixed to his already-awarded Vietnam Service Medal.



      _________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)                                         AR20100010111



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ABCMR Record of Proceedings (cont)                                         AR20100010111



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