IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100030520 


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 was in country for 3 months and 3 days
* he was shot and shipped home
* he was awarded the Purple Heart and the Vietnam Service Medal with two bronze service stars
* he earned the Combat Infantryman Badge which should be reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 15 August 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 D, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade, Republic of Vietnam, as an 11B (rifleman) and served from the period of 16 March 1968 to 9 May 1968.

4.  The applicant was awarded the Purple Heart for wounds received on 16 April 1968 in connection with military operations against a hostile force in the Republic of Vietnam.

5.  On 14 August 1969, the applicant was honorably released from active duty in the rank/grade of specialist four/E-4.  His conduct and efficiency ratings were all "excellent."  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
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart

6.  Chapter 8, 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.

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

8.  Chapter 4, Army Regulation 600-8-22, prescribes the policy for award of the Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the Republic of Vietnam the 2nd Battalion, 3rd Infantry Regiment, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Further, Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for the Combat Infantryman Badge was carefully considered and was 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 and, based upon his award of the Purple Heart, it is reasonably concluded that he was present and personally participated when his unit was engaged in active ground combat with enemy forces.  The applicant was wounded and received the Purple Heart.  Therefore, 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 disqualification from a unit commander that would have precluded him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for his honorable active duty service for the period 15 August 1967 through 14 August 1969.

4.  The evidence also confirms that based on his Republic of Vietnam service and campaign participation, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These awards should be added to his military record.
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 15 August 1967 through 14 August 1969,

	b.  awarding the applicant the Combat Infantryman Badge, and

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

* 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
* Combat Infantryman Badge



      _______ _  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)                                         AR20100030520



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ABCMR Record of Proceedings (cont)                                         AR20100030520



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