IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100024028 


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 awards of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states he was wounded in combat and was awarded the Purple Heart but it is not listed on his DD Form 214.  Additionally, the omission of the Combat Infantryman Badge appears to be an oversight.  He served in Vietnam between April 1968 and August 1969.

3.  The applicant 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's records show he enlisted in the Regular Army (RA) for a period of 3 years on 20 January 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  He was honorably discharged from the RA on 11 December 1967 for the purpose of immediate reenlistment and he executed a 3-year reenlistment on 12 December 1968.

3.  He served in Vietnam with Troop F, 2nd Squadron, 11th Armored Cavalry Regiment, from on or about 9 April 1968 to on or about 23 August 1968.  He was wounded on 19 August 1968 and he was evacuated to the Military Hospital, at the Ryukyu Islands, Japan, on 23 August 1968.  

4.  General Orders Number 171, issued by Headquarters, 24th Evacuation Hospital, on 21 August 1968, awarded him the Purple Heart for wounds received in action on 19 August 1968.

5.  He was honorably released from active duty on 11 December 1970 in the rank/grade of specialist five/E-5 and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.

6.  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 Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)

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

8.  Special Orders Number 215, issued by Headquarters, 1st Infantry Division (Mechanized), Fort Riley, KS, on 7 December 1970, awarded him the Army Good Conduct Medal (1st Award) for service from 12 December 1967 to 11 December 1970.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for the Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968) and the Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968) campaigns during the applicant's tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
10.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  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.  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.

12.  U.S. Army Vietnam Regulation Number 672-1specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action on 19 August 1968 in Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

2.  General orders awarded the applicant the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

3.  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.
4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while serving in the Republic of Vietnam; therefore, he is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  His records show he served as an infantryman in what appears to be the infantry squad or platoon of an Armored Cavalry Regiment.  Additionally, although the circumstances of his combat wounds are unknown, it is reasonable to presume he was wounded while his unit was engaging the enemy and thus met the criteria for award of the Combat Infantryman Badge.  He should be awarded this badge and have his records corrected to show it. 

BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 awarding the applicant the Combat Infantryman Badge and adding to his DD Form 214 the 

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 
Two bronze service stars to be worn 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)                                         AR20100024028



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ABCMR Record of Proceedings (cont)                                         AR20100024028



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