IN THE CASE OF:	  

		BOARD DATE:	  27 January 2011

		DOCKET NUMBER:  AR20100020187 


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 that he be awarded the Combat Infantryman Badge.

2.  The applicant states he served as a rifleman in an infantry company that engaged in combat and he was wounded as a result of such service.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DA Form 20 (Enlisted Qualification Record), orders for the Purple Heart, orders for the Army Good Conduct Medal, a Record of Induction, discharge orders, and a letter from the National Personnel Records Center.

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 on 9 June 1966 and upon completion of initial entry training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows in:

	a.  Item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 2 July 1967 to 2 January 1968 (6 months and 1 day);

	b.  Item 38 (Record of Assignments) he was assigned to the 2nd Battalion, 503rd Infantry from 5 July to 18 July 1967 and to the 4th Battalion, 503rd Infantry from 19 July to 21 November 1967.  He was assigned in a patient status from 
22 November 1967 through the remainder of his tour in the RVN through on or about 2 January 1968.

4.  Headquarters, 3rd Training Brigade Special Orders Number 156, dated 
26 September 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Headquarters, 3rd Training Brigade Special Orders Number 159, dated 29 September 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  Headquarters, 85th Evacuation Hospital, General Order Number 181, dated 24 November 1967, awarded him the Purple Heart for wounds received in action on 21 November 1967.

6.  Headquarters, 82nd Airborne Division General Orders Number 146, dated 
6 June 1968, awarded him the first award of the Army Good Conduct Medal.

7.  On 7 June 1968, he was honorably released from active duty.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart

8.  There are no orders or any other evidence in his Official Military Personnel File showing he was awarded or recommended for the Combat Infantryman Badge.

9.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973.  No orders pertaining to the applicant were found in the ADCARS file.

10.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

11.  Army Regulation 600-8-22, paragraph 2-13, contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN.  Appendix B of this regulation shows the campaigns for the RVN.  During his tour in the RVN, he participated in the Vietnam Counteroffensive Phase III 
(1 June 1967 - 29 January 1968).

12.  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.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows that during his assignment to the 4th Battalion, 503rd Infantry, it was cited for the Presidential Unit Citation for actions during the period 6-23 November 1967 by Department of the Army General Orders (DAGO) Number 2, dated 1982 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 5 May 1965 to 26 September 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the Combat Infantryman Badge has been carefully reviewed.

2.  He held an infantry MOS, was assigned to an infantry unit of brigade, regimental or smaller size, and was awarded the Purple Heart for wounds received in action.  His award of the Purple Heart is accepted as sufficient evidence to show he served in active ground combat.  Therefore, he met the criteria for award of the Combat Infantryman Badge and this award should be added to his DD Form 214.

3.  Orders awarded him the Army Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle and Machine Gun Bars.  His 
DD Form 214 should also be corrected to show these awards.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in one campaign while in the RVN; therefore, he is entitled to one bronze service star to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show this fact.

5.  He served over 6 months in the RVN.  Therefore, he met the criteria for the Republic of Vietnam Campaign Medal with Device (1960).

6.  Based on his service with the 4th Battalion, 503rd Infantry while in the RVN, he is also entitled to correction of his DD Form 214 to show the Presidential Unit Citation and 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:

	a.  awarding him the Combat Infantryman Badge;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and 

	c.  adding to item 24 of his DD Form 214 the Combat Infantryman Badge, Army Good Conduct Medal, Vietnam Service Medal with one bronze service star, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), Republic of Vietnam Campaign Medal with Device (1960), Presidential Unit Citation, 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)                                         AR20100020187



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ABCMR Record of Proceedings (cont)                                         AR20100020187



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