IN THE CASE OF:	  

		BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100028544 


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 has two Purple Hearts and served with the 4th Infantry Division.

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.  On 23 February 1967, the applicant was inducted into the Army of the United States.  He completed training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company A, 3rd Battalion, 8th Infantry, 4th Infantry Division, during the period 21 August 1967 to 16 December 1967 and Company C, 1st Battalion, 8th Infantry, 4th Infantry Division, during the period 17 December 1967 to 24 May 1968 in the Republic of Vietnam in MOS 11B.

4.  On 23 April 1968, the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam.  On 20 May 1968, the applicant was awarded a second Purple Heart.

5.  On 20 February 1969, the applicant was honorably released from active duty in the temporary rank/grade of specialist four/E-4.  He received all "excellent" conduct and efficiency ratings.  The applicant's DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows the following awards:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Purple Heart (2nd Award)
* one overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

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

7.  Army Regulation 600-8-22 (Military Awards), contains guidance on the Combat Infantryman Badge.  It states that in order to qualify for the Combat Infantryman Badge a member must meet the following three requirements:  be an infantryman satisfactorily performing infantry duties, be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.  Service in a combat zone or battle credit alone is not sufficient for award of the Combat Infantryman Badge.  

8.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was 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, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

10.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states 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, participation credit was awarded for the Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms that during the applicant's tenure of assignment in the Republic of Vietnam, 3rd Battalion, 8th Infantry, 4th Infantry Division, was awarded the Presidential Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Combat Infantryman Badge has been carefully considered and is found to have merit.  By regulation, there are three basic requirements for the Combat Infantryman Badge.  The member must have held an infantry MOS; have served with a qualifying infantry unit of brigade, regimental, or smaller size; and must have been personally present and participated while his unit was actively engaged in ground combat with enemy forces.

2.  The evidence shows the applicant held and served in the Republic of Vietnam in an infantry MOS in a qualifying infantry unit.  Based upon his two awards of the Purple Heart during a period of heavy fighting in early 1968, it is presumed that he was present and personally participated when his unit was engaged in active ground combat with enemy forces.  Therefore, based on the foregoing it would be appropriate to award him the Combat Infantryman Badge.

3.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM; therefore, it would be appropriate to award him the AGCM for his honorable active duty service.

4.  Records show the applicant was awarded the Vietnam Service Medal.  The evidence shows he participated in one campaign during his service in the Republic of Vietnam; therefore, he is eligible for wear of three bronze service stars affixed to his Vietnam Service Medal.

5.  While the applicant was assigned to his unit, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Presidential Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 23 February 1967 through 20 February 1969,

	b.  awarding the applicant the Combat Infantryman Badge, and

	c.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal
* Combat Infantryman Badge
* Presidential Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* three bronze service stars to be affixed to his previously-issued 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)                                         AR20100028544



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ABCMR Record of Proceedings (cont)                                         AR20100028544



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