IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100011439 


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 Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he received the CIB and foreign unit award but he did not receive the orders.

3.  The applicant provides copies of his DD Form 214 and orders for award of the Army Commendation Medal with "V" Device.

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 15 May 1967, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 191, Fort Knox, dated 10 July 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  Special Orders Number 97, Fort Bragg, dated 16 May 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

5.  On 22 May 1968, the applicant departed Fort Bragg, North Carolina, for duty in the Republic of Vietnam.

6.  On 6 July 1968, he was assigned as a rifleman with A Company, 4th Battalion, 503rd Infantry Regiment.

7.  During the period 20 to 25 August 1968, he was a patient in the 91st Evacuation Hospital.  He was returned to A Company, 4th Battalion, 503rd Infantry Regiment.

8.  General Orders Number 3053, 173rd Airborne Brigade, dated 29 November 1968, awarded the applicant the Army Commendation Medal with "V" Device for heroism.  He distinguished himself on 5 November 1968 by exposing himself to enemy fire to bring in a helicopter with mortar and ammunition supplies.  He also went back to help the medic give aid to wounded, make litters, and to help evacuate the wounded.

9.  On 27 December 1968, he was a patient in the 7th Field Hospital.  On 
21 January 1969, he departed Vietnam and he was reassigned, as a patient, to Walter Reed Army Medical Center, Washington, DC.  On 26 May 1969, he was reassigned to Fort Bragg.

10.  On 14 May 1970, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and he had completed 3 years of creditable active service.

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:

* National Defense Service Medal
* "Parachute Badge"
* Army Commendation Medal with "V" Device
* Vietnam Service Medal
* Vietnam Campaign Medal with 1960 Device
* Good Conduct Medal

12.  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 military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

13.  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 two campaign periods: the Vietnam Counteroffensive, Phase V and the Vietnam Counteroffensive, Phase VI.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 4th Battalion, 503rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 51, dated in 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

15.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically 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 is 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 the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have 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 of USARV 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The evidence clearly shows the applicant 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, he was recognized for heroism in combat against the enemy.  Therefore, his request for award of the Combat Infantryman Badge should be granted.

3.  Records show the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Records show the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

5.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.  Special Orders also awarded him the Sharpshooter
Marksmanship Qualification Badge with Rifle (M-14) Bar.  Therefore, his records should be corrected to show these badges.

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 showing in addition to the awards already shown on his DD Form 214, that he was awarded two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 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)                                         AR20100011439



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011439



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1