IN THE CASE OF:	 

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100028450 


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 be awarded the Combat Infantryman Badge.

2.  The applicant states he held military occupational specialty (MOS) 11B2P (Light Weapons Infantryman-Parachutist); he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 506th Infantry, 101st Airborne Division; and he was wounded in action while serving in Vietnam.  He states he should be awarded the Combat Infantryman Badge.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214) in support of his request.

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 of the United States on 2 February 1967.  He was awarded MOS 11B1P.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he was assigned overseas to serve in the Republic of Vietnam (RVN) on 10 January 1968;

	b.  item 38 (Record of Assignments) he served:

		(1)  in duty MOS 11B2P as an automatic rifleman while assigned to Company A, 2nd Battalion (Airborne), 506th Infantry, from 6 February-14 July 1968;

		(2)  in duty MOS 11B2P as an automatic rifleman while assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 506th Infantry, from 15-31 July 1968; and

		(3)  in duty MOS 64A1P as a truck driver while assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 506th Infantry, from 1 August 1968-6 January 1969;

	c.  item 41 (Awards and Decorations) does not show the Combat Infantryman Badge; and

	d.  item 40 (Wounds) that he sustained fragment wounds to both legs and his chest on 8 May 1968.

4.  Headquarters, 93rd Evacuation Hospital, General Orders Number 132, dated 9 May 1968, awarded the applicant the Purple Heart for wounds received against a hostile force in the RVN on 8 May 1968.

5.  ABCMR Record of Proceedings Docket Number AR20060017015, dated 31 May 2007, corrected the applicant's records to show a second award of the Purple Heart for wounds received as a result of hostile action in the RVN on 17 September 1968.

6.  Headquarters, 101st Airborne Division, Vietnam, general orders awarded the applicant the following awards:

	a.  the Air Medal for meritorious achievement while participating in aerial flight in the RVN on 31 January 1968;

	b.  the Bronze Star Medal for meritorious service against a hostile force in the RVN from 1 January-31 August 1968; and

	c.  the Army Commendation Medal for meritorious achievement in the RVN from 1 March-31 July 1968.

7.  The applicant's DD Form 214, as corrected by a DD Form 215, dated 7 December 2007, shows he was honorably released from active duty on 9 January 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He completed 1 year, 11 months, and 8 days of net active service and 11 months and 29 days of foreign service.

	a.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal, Purple Heart with 1st Oak Leaf Cluster, Bronze Star Medal, Army Commendation Medal, Air Medal, Army Good Conduct Medal, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Parachutist Badge, Expert Marksmanship Qualification Badge with Machine Gun and Automatic Rifle Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

	b.  Item 30 (Remarks) shows he served in Vietnam from 10 January 1968-7 January 1969.

8.  There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Combat Infantryman Badge.

9.  A review of the applicant's military personnel records reveals that he may be authorized an additional decoration that is not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.

	a.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in and that one silver service star may be worn in lieu of five bronze service stars.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's tour of duty in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)

11.  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 or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.

12.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), appendix V, states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  During the Vietnam Conflict, announcement of award of the Combat Infantryman Badge was made in unit special orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Combat Infantryman Badge because he was wounded in action while serving as an infantryman in Vietnam.

2.  The applicant's claim to the Combat Infantryman Badge was carefully considered.

	a.  Records show the applicant was an infantryman, he satisfactorily performed infantry duties, and he was assigned to an infantry unit during his tour of duty in the RVN.

	b.  The applicant was awarded the Bronze Star Medal for meritorious service (from 1 January-31 August 1968) and the Army Commendation Medal for meritorious achievement (from 1 March-31 July 1968) in ground operations in the RVN.

	c.  Records show the applicant was wounded in action in connection with military operations against a hostile force in the RVN on two separate occasions (8 May 1968 and 17 September 1968) and he received two awards of the Purple Heart.  Noteworthy is the fact that when he was wounded in action on 8 May 1968, he was serving in duty MOS 11B as an automatic rifleman.

	d.  Thus, it is concluded the applicant's unit was engaged in active ground combat at the time and the applicant was actively participating in such ground combat.

	e.  Therefore, in view of the foregoing, it would be appropriate to award the Combat Infantryman Badge to the applicant and to correct his DD Form 214 to show this badge.

3.  Records show the applicant qualified for award of the Vietnam Service Medal and he participated in five campaigns during his service in the RVN.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal in lieu of four bronze service stars and correction of his DD Form 214 to show one silver service star.

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:

	a.  awarding him the Combat Infantryman Badge for satisfactory performance of duty against an active hostile ground force in the Republic of Vietnam while assigned to Company A, 2nd Battalion (Airborne), 506th Infantry, during the period 6 February-14 July 1968;

	b.  deleting the Vietnam Service Medal with four bronze service stars from item 24 of his DD Form 214; and



	c.  adding the Vietnam Service Medal with one silver service star and Combat Infantryman Badge to item 24 of his DD Form 214.



      ____________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)                                         AR20100028450



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ABCMR Record of Proceedings (cont)                                         AR20100028450



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