IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100027568 


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 award of the Combat Infantryman Badge. 

2.  The applicant states he held an infantry specialty and served in Vietnam only 1 month with the 1st Infantry Division before he was wounded and evacuated to Japan for treatment.  He returned to Vietnam to the same unit and he was awarded the Purple Heart.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 27 January 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11H (Indirect Fire Crewman).

3.  His records also show he served in the Republic of Vietnam from on or about 13 July 1966 to 14 July 1967.  He was assigned as follows:

* Company B, 1st Battalion, 26th Infantry, 1st Infantry Division, from 20 July to 4 September 1966
* Military Hospital, Camp Zama, Japan, from 4 September 1966 to 
5 January 1967 (in a patient status)
* Headquarters and Headquarters Detachment, 121st Signal Battalion, 1st Infantry Division, from 5 January to 9 July 1967

4.  On 13 August 1966, he was wounded by hostile sniper fire while on a search and destroy mission with Company B, 1st Battalion, 26th Infantry in Vietnam.  He was transferred in a patient status to Japan for treatment.

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 26 January 1968 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation.  

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form shows the:

* Vietnam Service Medal with one bronze service star
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar

7.  Headquarters, 1st Infantry Division, General Orders Number 1947, dated 22 August 1966, awarded him the Purple Heart for wounds received in action in Vietnam in August 1966.

8.  His records do not contain official orders awarding him the Combat Infantryman Badge.  

9.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.
10.  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 (Awards and Decorations) 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.

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

12.  Item 38 (Record of Assignment) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.  Additionally, his record is void of any derogatory information in the form of lost time, nonjudicial punishment, or a record of court-martial.

13.  Army Regulation 672-5-1 (Military Awards), 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.

14.  Headquarters, Department of the Army General Orders Number 21, dated 1969, awarded the 1st Battalion, 26th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1968.

15.  Headquarters, Department of the Army General Orders Number 53, dated 1970, awarded the 1st Battalion, 26th Infantry, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1965 to 7 April 1970.

16.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Counteroffensive Phase I, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he held an infantry MOS and was assigned to an infantry battalion when he was wounded by sniper fire during a search and destroy mission in Vietnam.  This is accepted as sufficient to award him the Combat Infantryman Badge and correct his DD Form 214 to show this award. 

2.  The evidence of record shows he was awarded the Vietnam Service Medal.  He also participated in two campaigns while serving in Vietnam; therefore, he is entitled to two bronze service stars in lieu of the one that is affixed to the Vietnam Service Medal and to correction of his DD Form 214 to show these bronze service stars.

3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation when he was assigned to these units; therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The evidence of record confirms he served honorably from 27 January 1966 through 26 January 1968.  He completed a combat tour in Vietnam, attained the rank/grade of SP4/E-4, and received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal, it would be appropriate to award the applicant the Army Good Conduct Medal and to correct his records to show this 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 Combat Infantryman Badge;
	b.  awarding the applicant the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 27 January 1966 through 26 January 1968; and

   c.  adding to his DD Form 214 the:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* A second bronze service star to be affixed to 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)                                         AR20100027568



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ABCMR Record of Proceedings (cont)                                         AR20100027568



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