IN THE CASE OF:	  

		BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100016529 


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 the awards of the Purple Heart and the Combat Infantryman Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 17 June 1971.

2.  The applicant states he was awarded these medals/citations, but he noticed they were not on his DD Form 214.

3.  The applicant provides a copy of his:

* certificate for the award of the Purple Heart
* 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 was inducted into the Army of the United States on 18 June 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army School/Training Center, Fort McClellan, AL, Special Orders Number 232, dated 21 October 1969, awarded the applicant the First Class Gunner Badge (now known as the Sharpshooter Marksmanship Qualification Badge) with Machine Gun Bar.

4.  The applicant was assigned to the 2nd Battalion, 506th Infantry, from 24 April to 15 July 1970 in the Republic of Vietnam.

5.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 8741, dated 5 August 1970, awarded the applicant the Purple Heart for wounds received on 7 July 1970 in the Republic of Vietnam.

6.  There are no orders in the applicant's military personnel records jacket (MPRJ) awarding him the Combat Infantryman Badge.

7.  On 17 June 1971, the applicant was released from active duty.  He had completed 2 years of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded the Purple Heart or the Combat Infantryman Badge.  Item 24 shows he is authorized the Vietnam Service Medal with two bronze service stars.

8.  A history of the applicant's unit obtained from the Internet indicated the 2nd Battalion, 506th Infantry Regiment, was the main U.S. infantry unit involved in the Battle of Fire Support Base Ripcord.  This was a 23-day battle where, fighting from 4 hilltops, surrounded, and outnumbered nearly 10 to 1, the U.S. Forces caused heavy losses on 8 enemy battalions before an aerial withdrawal under heavy mortar, anti-aircraft, and small arms fire.

9.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he participated in the:

* Vietnam Winter-Spring 1970 Campaign (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive Campaign (1 May 1970-30 June 1970)
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970-30 June 1971)
10.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) 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 men 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during the time of the applicant's assignment to the 2nd Battalion, 506th Infantry, the unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 to 2 May 1970.

12.  Department of the Army Pamphlet 672-3 also shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  Army Regulation 600-8-22 states 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 6 months or more.  Individuals who had served less than 6 months but who were wounded by hostile forces also qualified for the award.

14.  Army Regulation 600-8-22 authorizes award of 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 and service medal, which in this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that awards of the Purple Heart and the Combat Infantryman Badge should be added to his DD Form 214.

2.  The applicant's MPRJ contains orders awarding him the Purple Heart and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, these awards should be added to his DD Form 214.

3.  The applicant held MOS 11B and was assigned to the 2nd Battalion, 506th Infantry, the main U.S. infantry unit involved in the Battle of Fire Support Base Ripcord.  A history of the unit shows they caused heavy losses on the enemy during a 23-day battle that was fought while the unit was fighting from 4 hilltops, surrounded, and outnumbered nearly 10 to 1.  It was during this battle that the applicant was wounded.  The evidence clearly shows he held an infantry MOS and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Therefore, the Combat Infantryman Badge should be included on his DD Form 214.

4.  The applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Therefore, his is authorized this award and it should be included on his DD Form 214.

5.  Based on his service in the Republic of Vietnam, the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although he served less than 6 months in the Republic of Vietnam, he was wounded by hostile forces.  Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device (1960).  These two awards should be included on his DD Form 214.

6.  The applicant served in three campaigns while he was in the Republic of Vietnam.  Therefore, he is authorized three bronze service stars for wear on his Vietnam Service Medal.

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 amending item 24 of his DD Form 214 with an effective date of 17 June 1971 to include the:

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Machine Gun 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)                                         AR20100016529



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ABCMR Record of Proceedings (cont)                                         AR20100016529



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