IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100022352 


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) to show award of the Combat Infantryman Badge.

2.  The applicant states he was wounded in combat by a small arms fire on 30 April 1970 while on an infantry patrol in Vietnam.  He was awarded the Purple Heart and should be entitled to the Combat Infantryman Badge. 

3.  The applicant provides his DD Form 214 and orders and certificate awarding him the Purple Heart.

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's records show he was inducted into the Army of the United States on 25 July 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from 5 January 1970 to 16 May 1970.  He was assigned to Company D, 4th Battalion, 31st Infantry.

3.  On 30 April 1970, he suffered a gunshot wound to his right thigh and buttock during combat operations when his unit engaged the enemy in a firefight near Quang Tin, Vietnam.  He was initially admitted to the 91st Evacuation Hospital, and ultimately reassigned to Valley Forge General Hospital, PA. 

4.  He was honorably retired in the rank/grade of private first class (PFC)/E-3 on 8 October 1970 by reason of temporary physical disability and he ultimately permanently retired on 29 February 1972. 

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign with "1960" Device, Purple Heart, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  There are no official orders awarding him the Combat Infantryman Badge.

7.  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 states 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.

8.  A review of the applicant's records indicates his entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Item 29 (Qualifications in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 24 October 1969, and Machinegun Bar (M-60), on 4 November 1969.

10.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during most of his military service.  

11.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 

12.  Headquarters, Department of the Army General Orders Number 6, dated 1974, awarded the 4th Battalion, 31st Infantry the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 31 March to 30 June 1970.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in four campaigns during his tour of duty in the Republic of Vietnam as follows:  Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) and Sanctuary Counteroffensive (1 May - 30 June 1970).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he held an infantry MOS and was assigned to an infantry company in Vietnam.  He was injured during combat operations on 30 April 1970 when his unit was involved with a firefight with the enemy in Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show it.

2.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machinegun (M-60) Bars which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges. 

3.  The evidence of record confirms he served honorably during the period 25 July 1969 through 8 October 1970.  He served in Vietnam, was awarded multiple combat awards, attained the rank/grade of PFC/E-3, and he received "excellent" conduct and efficiency ratings throughout most of his military service. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.
4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

5.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to 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 the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 25 July 1969 through 8 October 1970; 

	b.  awarding the applicant the Combat Infantryman Badge; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).


      _______ _  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)                                         AR20100022352



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ABCMR Record of Proceedings (cont)                                         AR20100022352



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