IN THE CASE OF:	  

		BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100019071 


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 with the 98th Infantry and he was wounded in combat during an ambush.  He states he was awarded the Purple Heart.

3.  The applicant provides no additional evidence in support of his application.

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 on 22 January 1968 for a period of 2 years.  He reenlisted on 3 October 1968 for a period of 3 years.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant served in the Republic of Vietnam from 3 August 1968 to 21 December 1968.  He was assigned to the:

* C Company, 1st Battalion, 6th Infantry, 198th Infantry Brigade, from 26 August 1968 to 3 October 1968
* 3rd Battalion, 18th Artillery, from 4 October 1968 to 8 December 1968
* 106th General Hospital from 9 to 21 December 1968

4.  Headquarters, 2nd Surgical Hospital (Mobile Army) General Orders 
Number 206, dated 2 September 1968, awarded the applicant, among others, the Purple Heart for wounds received in action in the Republic of Vietnam on 
1 September 1968.  The orders list six other Soldiers from the applicant's company as having been wounded in action on 1 September 1968.

5.  There are no orders in the applicant's military personnel record awarding him the Combat Infantryman Badge.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Combat Infantryman Badge.  Item 24 does show he is authorized the Vietnam Service Medal.

6.  On 26 June 1971, the applicant was released from active duty.  He completed a total of 3 years, 5 months, and 3 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Combat Infantryman Badge.

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

* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968) 
* Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 
22 February 1969)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document 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.  

9.  U.S. Army Vietnam Regulation 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.

10.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation 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 he should have been awarded the Combat Infantryman Badge.

2.  The applicant held MOS 11B and was serving as a rifleman in an infantry unit in the Republic of Vietnam.  The orders for his Purple Heart list six other Soldiers from Company C who were wounded in action on the same date the applicant was wounded.  Therefore, it is reasonable to conclude that the unit was engaged in active ground combat.  

3.  Therefore, the preponderance of evidence in this case shows the applicant should be awarded the Combat Infantryman Badge.

4.  The applicant's military personnel records show he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his Vietnam Service Medal.  

5.  Based on his service in the Republic of Vietnam, the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


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 awarding him the Combat Infantryman Badge and amending item 24 of his 
DD Form 214 to include the: 

* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* 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)                                         AR20100019071



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ABCMR Record of Proceedings (cont)                                         AR20100019071



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