BOARD DATE:	   24 February 2011

		DOCKET NUMBER:  AR20100021199 


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 DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states:

* The DA Form 1577 (Authorization for Issuance of Awards) shows he was authorized/awarded the Purple Heart which indicates combat
* Having military occupational specialty (MOS) 11B (light weapons infantryman) he should have been awarded the Combat Infantryman Badge

3.  The applicant provides a DA Form 1577 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 was inducted into the Army of the United States on 9 February 1968.  He was awarded MOS 11B and he arrived in Vietnam on 13 July 1968.  He served in MOS 11B assigned to Troop A, 3rd Squadron, 4th Cavalry of the 25th Infantry Division in Vietnam from 21 July 1968 until he was wounded in action on 24 August 1968 and apparently transferred on 15 October 1968 for further medical treatment.  On 29 November 1971, he was discharged under honorable conditions (a general discharge) for expiration term of service.

3.  His DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.    

4.  Headquarters, 25th Infantry Division General Orders Number 6033, dated 
26 August 1968, show the applicant received the Purple Heart for wounds received in action on 24 August 1968 in Vietnam.

5.  There are no orders for the Combat Infantryman Badge in the available records. 

6.  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 the 3rd Squadron, 4th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 48, dated 1971.  

7.  Department of the Army Pamphlet 672-3 also shows the 3rd Squadron, 4th Cavalry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 51, dated 1971.

8.  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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

9.  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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart.  His DD Form 214 should be corrected to show this award.

2.  Evidence shows he held and served in an infantry MOS and he was assigned to Troop A, 3rd Squadron, 4th Cavalry of the 25th Infantry Division during his assignment in Vietnam.  In addition, he was wounded in action.  Therefore, award of the Purple Heart is accepted as sufficient evidence to show he participated in active ground combat; for that reason, he met the eligibility criteria for award of the Combat Infantryman Badge.

3.  Since he qualified for award of the Vietnam Service Medal and was evacuated from Vietnam prior to completing 6 months of service due to wounds resulting from hostile action, he is eligible for the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 should be corrected to show this medal.   

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show these unit awards.

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; and

	b.  adding the Purple Heart, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214. 



      _______ _   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)                                         AR20100012361



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ABCMR Record of Proceedings (cont)                                         AR20100021199



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