BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100021617 


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 to have his Combat Infantryman Badge (CIB) added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  He states, in effect, he was awarded the CIB while assigned to the 173rd Airborne Brigade during his tour in Vietnam. 

3.  He did not provide any additional documentation.  

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.  His military personnel records show he enlisted in the Regular Army on 
11 September 1968 for 2 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  His DA Form 20 (Enlisted Qualification Record) shows the following:

* Item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 2 October 1969 to 17 December 1969
   
* Item 38 (Record of Assignments) while serving in Vietnam he was assigned to Company A, 2nd Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade until he became a patient on 
	1 December 1969 

* Item 40 (Wounds) he sustained multiple fragment wounds to his left arm and leg on 29 November 1969

* Item 41 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* Parachutist Badge
* Vietnam Service Medal (VSM)
* Purple Heart (PH)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  His military personnel record contains a copy of General Orders Number 3 issued by Valley Forge General Hospital on 29 January 1970.  These orders show he was awarded the PH for wounds received in connection with military operations against a hostile force on 29 November 1969. 

5.  His DD Form 214 shows he was honorably released from active duty on 
10 September 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the:  

* NDSM
* Parachutist Badge
* VSM
* PH


6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the CIB.  

7.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 
27 August 1940; for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  His record is void of documentation showing he was recommended for or awarded the AGCM.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military career.  His record is void of any derogatory information that could serve to disqualify him for this award.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Two designated campaigns coincide with his period of service in the RVN:

* Vietnam Summer – Fall 1969 (9 June to 31 October 1969)
* Vietnam Winter – Spring 1970 (1 November 1969 to 30 April 1970) 

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  

12.  Department of the Army Pamphlet 672-3 establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment to 2nd Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade, his unit received the following awards:

* RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970, by Department of the Army General Orders Number 51, dated 1971  
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
15 April 1969 to 16 March 1971, by Department of the Army General Orders Number 5, dated 1973

13.  Army Regulation 600-8-22 states, in pertinent part, the RVN 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.  Individuals who had qualified for award of the VSM and were evacuated prior to completing 
6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

14.  Army Regulation 600-8-22 states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that while serving in combat operations in Vietnam, he served in MOS 11B and in a qualifying infantry unit.  His award of the PH is accepted as sufficient evidence to show he participated in active ground combat; therefore, he met the eligibility criteria for award of the CIB Therefore, it would be appropriate to award him the CIB and to correct his 
DD Form 214 to show this award.  

2.  His record shows he served honorably during the period 11 September 1968 through 10 September 1970.  He received all "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his DD Form 214 to reflect this award.

3.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his tenure in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.



4.  He was previously awarded the VSM.  His records show he participated in two campaigns while serving in the RVN.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded VSM.

5.  Based on his qualification for award of the VSM and the fact he was evacuated prior to completing 6 months of service due to wounds resulting from hostile action he is entitled to award of the RVN Campaign Medal with Device (1960) and to have this award added to his DD Form 214. 

6.  His DA Form 20 shows he earned the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, it would be appropriate to add this badge to his DD Form 214. 

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 CIB;
   
b.  awarding him the AGCM (First Award) for the period 11 September 1968 through 10 September 1970;
   
c.  deleting the VSM from item 24 of his DD Form 214; and 

d.  adding the following to item 24 of his DD Form 214:

* CIB
* AGCM (First Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Campaign Medal with Device (1960)
* VSM with two bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)




      _______ _   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)                                         AR20100021617



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ABCMR Record of Proceedings (cont)                                         AR20100021617



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