IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100011777 


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 a year in Vietnam in the field and came under enemy fire on numerous occasions.  He notes he was awarded the Bronze Medal with "V" Device for his actions in January 1970 while assigned to Company B, 4th Battalion, 3rd Infantry.

3.  The applicant provides:

* 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge
* Bronze Star Medal Certificate and award orders
* Air Medal Certificate and award orders
* Certificate of Appreciation
* reassignment orders from Vietnam to Fort Benning, Georgia

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.  Records available to the Board indicate the applicant was inducted into the Army of the United States on 16 May 1969.  He was trained as a light weapons infantryman (military occupational specialty 11B) and in October 1969 was assigned to Company B, 4th Battalion, 3rd Infantry, in Vietnam.

3.  In March 1970, the applicant was awarded the Bronze Star Medal for his heroic actions in connection with ground operations against a hostile force on 3 January 1970.  Headquarters, Americal Division, General Orders Number 2065, dated 4 March 1970, state he "repeatedly exposed himself to the enemy fire as he maneuvered across wide areas of open terrain."

4.  The applicant departed Vietnam in October 1970 having attained the rank of specialist/E-4.

5.  Headquarters, 23rd Infantry Division, General Orders Number 15383, dated 24 November 1970, awarded him the Air Medal for meritorious achievement during the period 2 January 1970 to 23 August 1970.

6.  On 14 May 1971, the applicant was released from active duty.  He had completed 1 year, 11 months, and 29 days of active Federal service.  He consistently received "excellent" conduct and efficiency ratings with no evidence of any misconduct and his overall service was characterized as honorable.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 reflects the following:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* two overseas service bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Bronze Star Medal with "V" Device (1st Oak Leaf Cluster)

8.  The applicant's records contain no evidence he was ever awarded the Combat Infantryman Badge.  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 for the Combat Infantryman Badge.

9.  References:

	a.  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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.

	b.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  Appendix B lists four designated campaigns during the applicant's service in Vietnam (Vietnam Summer-Fall, Vietnam Winter-Spring, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII).

	c.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 4th Battalion, 3rd Infantry, was awarded a Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was a member of that organization.

	d.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service of less than 3 years but more than 1 year.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant held an infantry specialty and performed duties in that specialty while in Vietnam.  His records show he was assigned to an infantry unit of brigade, regimental, or smaller size and his award of the Bronze Star Medal with "V" Device is sufficient evidence that he served in active ground combat.  In view of the foregoing, the applicant met the eligibility requirements for award of the Combat Infantryman Badge and his records should be corrected accordingly.

2.  The evidence also shows the applicant was awarded an Air Medal which was omitted from his DD Form 214.

3.  The applicant participated in four designated campaign periods while in Vietnam and as such is entitled to four bronze service stars for wear on his Vietnam Service Medal vice the two currently shown.  He is also entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected accordingly.

4.  The evidence of record shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Army Good Conduct Medal (1st Award) for the period 16 May 1969 to 14 May 1971 and to have it added to his DD Form 214.

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 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 Combat Infantryman Badge;

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 16 May 1969 to 14 May 1971;

	c.  deleting the Vietnam Service Medal from his 1971 DD Form 214; and

	d.  adding to his 1971 DD Form 214 the Air Medal, the Army Good Conduct Medal, the Combat Infantryman Badge, the Vietnam Service Medal with four bronze service stars, 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)                                         AR20100011777



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ABCMR Record of Proceedings (cont)                                         AR20100011777



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