BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100017756 


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.  He states when he regained consciousness in the hospital, both the Purple Heart and the Combat Infantryman Badge were pinned to his pillow.  The nurse on duty informed him that a special forces major put them there.

3.  He provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 February 1968
* Headquarters, 93rd Evacuation Hospital, General Orders Number 155, dated 22 June 1967
* Headquarters, Department of the Army, Special Orders Number 30, dated 12 February 1968
* Exercise Dokoori Fiscal Year 1967 Certificate of Appreciation
* Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, Certificate of Achievement
* U.S. Military Assistance Command Vietnam Certificate of Achievement 

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 had prior service in the U.S. Air Force Reserve.  He enlisted in the Regular Army on 19 February 1964 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator).

3.  The applicant arrived in Vietnam assigned to the 5th Special Forces Group (Airborne), 1st Special Forces, on 21 March 1967 where he performed duties as a radio teletype operator in MOS 05C.  On 20 June 1967, he was wounded in combat and treated for his wounds at the 93rd Evacuation Hospital, Vietnam.

4.  His military records contain a Western Union telefax, dated 26 June 1967, that was addressed to his parents informing them he had been slightly wounded in the Republic of Vietnam on 20 June 1967.  "He sustained fragments wounds to right leg and face.  He was on classified operation when hit by fragments from hostile grenade."

5.  On 7 July 1967, he was evacuated to the 249th General Hospital, Camp Drake, Japan.  On 31 July 1967, he was further evacuated to San Francisco, CA, and admitted as a patient and assigned to the Medical Holding Company, Letterman General Hospital, San Francisco, CA.

6.  On 27 February 1968, he was discharged from active duty by reason of physical disability.

7.  His DD Form 214 for the period ending 27 February 1968 shows he was awarded:

* National Defense Service Medal
* Purple Heart
* Parachutist Badge
* Army Good Conduct Medal
* Presidential Unit Citation
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge (M-14 Rifle)
* Sharpshooter Marksmanship Qualification Badge (M-16 Rifle)

8.  There are no orders in his military records awarding him the Combat Infantryman Badge.

9.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed advisor positions which qualified for award of the Combat Infantryman Badge.  The regulation authorized award of the Combat Infantryman Badge to radio/telephone operators provided their primary duty was to accompany infantry or infantry-type units on tactical operations.

10.  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 at the time of the applicant's assignment to 
the 5th Special Forces Group (Airborne), 1st Special Forces, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1964 through 17 May 1969 by Department of the Army General (DAGO) Orders 59, dated 1969.  

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam the applicant participated in the following six campaigns:

* Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968  

12.  Army Regulation 600-8-22 provides for 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 service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was awarded a Purple Heart for wounds he received while on a classified operation as a result of hostile action while he was assigned to the 5th Special Forces Group (Airborne), 1st Special Forces, while serving as a radio teletype operator.  It appears he is therefore eligible for award of the Combat Infantryman Badge and it should be added to his DD Form 214.

2.  The applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in two campaigns makes him eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be amended to add this award.

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 amending his DD Form 214 to add the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on 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)                                         AR20100017756



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ABCMR Record of Proceedings (cont)                                         AR20100017756



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