IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100021858 


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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 May 1969 to show award of the Combat Infantryman Badge.

2.  He states that he was awarded the Combat Infantryman Badge in May 
1969 at Fort Lewis, WA for his combat tour in the Republic of Vietnam (RVN).

3.  He provides his DD Form 214.

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 25 May 1967 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  He arrived in the RVN and was assigned to C Company, 2nd Battalion, 35th Infantry, 4th Infantry Division on 13 October 1968 where he performed duties as a light weapons infantryman and automatic rifleman.  

4.  On 13 May 1969, he departed the RVN.  He was honorably released from active duty on 15 May 1969 in the rank of in the rank and pay grade of sergeant(SGT)/E-5 after completing 1 year, 11 months, and 22 days of creditable active service.  

5.  His DD Form 214 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* one Overseas Service Bar

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows Special Order Number 167 issued by Headquarters, 4th Infantry Division awarded him the Combat Infantryman Badge, but the order is not available in his military service records.  

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

10.  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 that at the time of the applicant's assignment to the 2nd Battalion, 35th Infantry, it was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 1 August 1967 through 28 July 1969 based on Department of the Army General Orders 3, dated 1970
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period 1 August 1967 through 31 October 1969 by Department of the Army General Orders 53, dated 1970

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 
* Tet 69/Counteroffensive (23 February - 8 June 1969) 

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's military records that show he was awarded the Combat Infantryman Badge.  However, evidence of record shows he was awarded an infantryman MOS and he was assigned to the 2nd Battalion, 35th Infantry, 4th Infantry Division, while serving as a light weapons infantryman and automatic infantryman.  Furthermore, his DA Form 20 shows he was awarded and issued the Combat Infantryman Badge.  Therefore, based on the above evidence his DD Form 214 should be amended to add the Combat Infantryman Badge.

2.  He was separated in the rank of SGT with 1 year, 11 months, and 22 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 25 May 1967 through 15 May 1969.  He should be awarded the Army Good Conduct Medal and it should be added to his DD Form 214.
3.  He was assigned to a unit during a period of time the unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  His participation in three campaigns entitles him to wear three bronze service stars on his already-awarded Vietnam Service Medal.

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 Army Good Conduct Medal (1st Award) for the period 
25 May 1967 through 15 May 1969; and 

	b.  amending item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 to add:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation









* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* three bronze service stars for wear on his already-awarded Vietnam          	Service Medal




      _______ _   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)                                         AR20100021858





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ABCMR Record of Proceedings (cont)                                         AR20100021858



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