BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100021446 


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) for the period ending 28 July 1971 to show award of the Combat Infantryman Badge.  

2.  The applicant states:

* The Combat Infantryman Badge is not on his DD Form 214
* He was an infantry unit commander and served 10 months and 12 days in Vietnam 
* He was told he had been submitted for the Combat Infantryman Badge by a captain following a minor firefight off LZ [landing zone] Siberia
* He was presented both a metal Combat Infantryman Badge and a cloth Combat Infantryman Badge which was sewn onto his jungle fatigues
* He was involved in multiple minor firefights and encountered booby traps
* He was an infantry platoon leader and for a short time the acting commanding officer of Company D 

3.  The applicant provides a DD Form 214 for the period ending 28 July 1971 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 29 November 1968 for a period of 2 years.  He completed the Infantry Officer Candidate course and was honorably discharged on 1 October 1969 to accept a commission.  He was commissioned a second lieutenant in the U.S. Army Reserve and was ordered to active duty on 2 October 1969.  He arrived in Vietnam on 11 September 1970.  He served as an infantry unit commander assigned to Company D, 4th Battalion, 31st Infantry of the 23rd Infantry Division in Vietnam from 27 September 1970 through 22 July 1971.  On 28 July 1971, he was released from active duty in the rank of first lieutenant. 

3.  His DD Form 214 for the period ending 28 July 1971 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, and two Overseas Service Bars as authorized awards. 

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

5.  His DA Form 67-6 (U.S. Army Officer Efficiency Report) for the period 
8 August 1970 to 23 November 1970 states, in pertinent part, "He took command of the first platoon under a combat situation and immediately established himself as the leader" and he "is a flexible officer, able to adjust to the ever changing combat situation in order to accomplish the mission."  His DA Form 67-6 for the period 24 November 1970 to 8 February 1971 states, in pertinent part, he has "performed his duties as a rifle platoon leader with this company in an excellent and professional manner" and he is a "dependable officer who successfully led his rifle platoon in combat."   

6.  Headquarters, 23rd Infantry Division General Orders Number 8655, dated 
2 August 1971, show the applicant received the Army Commendation Medal.

7.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

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 the 4th Battalion, 31st Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 6, dated 1974.  

9.  Army Regulation 600-8-22 (Military Awards) provides that 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.  

10.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was an infantry officer and he served in an infantry MOS while assigned to an infantry company in Vietnam.  His DA Forms 67-6 at the time in question also show he led his rifle platoon in combat in Vietnam.  Therefore, there is sufficient evidence on which to add the Combat Infantryman Badge to his DD Form 214.

2.  Orders show he received the Army Commendation Medal.  His DD Form 214 for the period ending 28 July 1971 should be corrected to show this medal.

3.  He participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  His DD Form 214 for the period ending 28 July 1971 should be corrected to show this award.

4.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  His DD Form 214 for the period ending 28 July 1971 should be corrected to show this unit 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
adding the Combat Infantryman Badge, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214 for the period ending 28 July 1971.



      _______ _   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)                                         AR20100021446





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ABCMR Record of Proceedings (cont)                                         AR20100021446



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