BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100012395 


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 records to show award of the Combat Infantryman Badge.

2.  The applicant states he was awarded the Combat Infantryman Badge by his company commander in Dong Tan, Republic of Vietnam (RVN).  He adds he doesn't know the exact date he was awarded the badge, but it was sometime during the January to June 1969 timeframe.  He also states he was:

   a.  wounded in action twice while serving in the RVN.  He was wounded the second time on 13 June 1969, treated at a field hospital, medically evacuated to Japan, and then sent to Madigan Army Hospital in Tacoma, Washington.  He adds that all of his personal belongings were lost during this time, including his Combat Infantryman Badge orders.

   b.  recently invited to join the Combat Infantrymen's Association and that's when he realized the Combat Infantryman Badge was not recorded on his separation document.

3.  He provides copies of his orders for the Purple Heart, Army Commendation Medal, and Air Medal, along with his DD Form 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 enlisted in the Regular Army for a period of 3 years on 29 April 1968.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) he served in the RVN from 15 December 1968 through 1 July 1969.

   b.  item 38 (Record of Assignments) that he:
   
	    (1)  served in duty MOS 11B1O as a light weapons infantryman while assigned to Company D, 3rd Battalion, 60th Infantry, 9th Infantry Division, from
24 December 1968 through 1 July 1969.

	    (2)  was a patient assigned to the Medical Holding Company, Madigan General Hospital, Tacoma, Washington, effective 2 July 1969.

	c.  item 39 (Campaigns) that he served in the RVN during the Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive, and an [as then] unnamed campaign.

	d.  item 41 (Awards and Decorations) the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, Vietnam Service Medal, Army Commendation Medal with "V" Device (two awards), Purple Heart (1st Oak Leaf Cluster), Air Medal, and Army Good Conduct Medal.


	e.  item 40 (Wounds) that he sustained a fragment wound to his right thigh and right elbow on 4 May 1969.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 28 April 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  At the time he had completed 3 years of net active service and 6 months and 17 days of foreign service:

   a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar, Vietnam Service Medal, Army Commendation Medal (two awards), Purple Heart (two awards), Air Medal, and Army Good Conduct Medal.

   b.  Item 30 (Remarks) shows he served in the RVN from 15 December 1968 to 1 July 1969.

5.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Combat Infantryman Badge.

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 (USA HRC), failed to reveal any orders (other than for those awards listed on his DD Form 214) pertaining to any additional individual awards or decorations to the applicant.

7.  A review of The Adjutant General, Casualty Division's, Vietnam Casualty Roster, confirmed the applicant's name is listed twice as a casualty (on
4 May 1969 and 13 June 1969) under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

8.  In support of his application, the applicant provides the following documents:

   a.  Headquarters, 9th Infantry Division, General Orders Number 5418, and a Purple Heart Certificate, both dated 9 May 1969, that awarded the applicant the Purple Heart for wounds received in action against a hostile force in the RVN on 4 May 1969.
   
   
   b.  Headquarters, Madigan General Hospital, Tacoma, Washington, General Orders Number 55, dated 13 May 1970, and a Purple Heart Certificate, dated
19 May 1970, that awarded the applicant the Purple Heart (1st Oak Leaf Cluster) for wounds received in action against a hostile force in the RVN on 13 June 1969.
   
   c.  Headquarters, 9th Infantry Division, General Orders Number 3547, dated 25 March 1969, that awarded the applicant the Army Commendation Medal with "V" Device for heroism while under fire against a hostile force in the RVN on
31 January 1969.
   
   d.  Headquarters, 9th Infantry Division, General Orders Number 5062, and Army Commendation Medal with "V" Device Certificate, both dated 28 April 1969, that awarded the applicant the Army Commendation Medal with "V" Device
[1st Oak Leaf Cluster] for heroism against a hostile force in the RVN on 9 April 1969.

   e.  Headquarters, 9th Infantry Division, General Orders Number 5892, dated 23 May 1969, and Air Medal Citation, that awarded the applicant the Air Medal (1st Oak Leaf Cluster) for meritorious achievement while participating in sustained aerial flight in the RVN from 22 January to 12 April 1969.

   f.  Headquarters, 9th Infantry Division, General Orders Number 6605, dated 11 June 1969, and Air Medal Citation, that awarded the applicant the Air Medal (2nd Oak Leaf Cluster) for meritorious achievement while participating in sustained aerial flight in the RVN from 22 January to 2 May 1969.

9.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.
   
10.  Headquarters, 2nd Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, California, Special Orders Number 221, dated
22 October 1968, awarded the applicant the First Class Gunner [Sharpshooter Marksmanship Qualification] Badge with Machinegun (M-60) Bar.

11.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show he was awarded any bronze service stars to signify campaign participation credit:

   a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.
   b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that, during the applicant's tour in Vietnam from 15 December 1968 to 1 July 1969, he participated in the following campaigns:

* Vietnam Counteroffensive Phase VI  (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969  (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant's assignment to Company D, 3rd Battalion, 60th Infantry, the battalion was awarded the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59 (1969) and

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 59 (1969).

13.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations:

   a.  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 or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.  During the Vietnam Conflict, announcement of award of the Combat Infantryman Badge was made in unit Special Orders.

	b.  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 six months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge because he was awarded the badge by his company commander while serving in the RVN during the period January to June 1969.

2.  The applicant's claim to the Combat Infantryman Badge was carefully considered:

   a.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  However, the evidence of record shows the applicant was awarded MOS 11B and he served in duty MOS 11B as a light weapons infantryman for 6 months while assigned to Company D, 3rd Battalion,
60th Infantry, 9th Infantry Division, in Vietnam.
   
       (1)  He was awarded the Army Commendation Medal with "V" Device (twice) for heroism while under fire against a hostile force in the RVN on 
31 January and 9 April 1969.
   
       (2)  He was awarded the Purple Heart (twice) for wounds received in action against a hostile force in the RVN on 4 May and 13 June 1969.
   
	b.  Thus, the available evidence supports award of the Combat Infantryman Badge in this case.  Therefore, it would be appropriate to correct the applicant's records by awarding him the Combat Infantryman Badge.

3.  The applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of three bronze service stars to be affixed on his already-awarded Vietnam Service Medal.

4.  The evidence of record also shows:

   a.  The applicant qualified for award of the Republic of Vietnam Campaign Medal with Device (1960) based on his service in the RVN.

   b.  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.
   
   c.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) Bar.
   d.  Therefore, it would be appropriate to correct his DD Form 214 to show the aforementioned awards and decorations.

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 the applicant the Combat Infantryman Badge for satisfactory performance of duty against an active hostile ground force in the Republic of Vietnam while assigned to Company D, 3rd Battalion, 60th Infantry, 9th Infantry Division, during the period 24 December 1968 to 13 June 1969;

   b.  deleting from item 24 of his DD Form 214 all of the abbreviated award entries (i.e., "NDSM    SS M-14    MM M-16    VSM    ACM    ARCOM    PH    AM    PH    GCMDL)"; and
   
   c.  adding to item 24 of his DD Form 214 the Purple Heart (1st Oak Leaf Cluster), Air Medal (2nd Oak Leaf Cluster), Army Commendation Medal with "V" Device (1st Oak Leaf Cluster), Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three 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, Combat Infantryman Badge, Sharpshooter 
Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) 







Bars, and Marksman Marksmanship Qualification Badge with Automatic Rifle
(M-16) Bar.



      _______ _   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)                                         AR20100012395



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ABCMR Record of Proceedings (cont)                                         AR20100012395



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