IN THE CASE OF:	  

		BOARD DATE:	    15 November 2011

		DOCKET NUMBER:  AR20110011809 


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 served in combat operations and engaged the enemy in Vietnam.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* Bronze Star Medal Certificate

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 25 April 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, published the following special orders (SO):

* SO Number 141, dated 3 June 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 156, dated 19 June 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* SO Number 207, dated 15 August 1968, awarded him the First Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* SO Number 218, dated 27 August 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

4.  He served in the Republic of Vietnam from 22 September 1968 to 26 July 1969.  He was assigned to Company C, 3rd Battalion, 39th Infantry, 9th Infantry Division.

5.  General Orders Number 3963 issued by Headquarters, 9th Infantry Division, dated 4 April 1969, awarded him the Army Commendation Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from 1 October to 24 November 1968.

6.  General Orders Number 5548 issued by Headquarters, 9th Infantry Division, dated 14 May 1969, awarded him the Army Commendation Medal with 1st Oak Leaf Cluster for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from 20 April to 1 May 1969.

7.  General Orders Number 6866 issued by Headquarters, 9th Infantry Division, dated 17 June 1969, awarded him the Bronze Star Medal for meritorious achievement in connection with ground combat operations against an armed hostile force in Vietnam from 1 April to 7 June 1969.

8.  He was honorably released from active duty on 24 April 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with two bronze service stars
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal with 2nd Oak Leaf Cluster

9.  On 7 October 2009, he was issued a DD Form 215 that deleted the Vietnam Service Medal with two bronze service stars and added the:

* Bronze Star Medal
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he held an infantry MOS and was assigned to an infantry battalion in Vietnam.  He was awarded the Bronze Star Medal and two awards of the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force.  This evidence is sufficient to award him the Combat Infantryman Badge.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), none of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

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 him the Combat Infantryman Badge
* adding the following awards to his DD Form 214 

* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _ 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)                                         AR20110011809



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ABCMR Record of Proceedings (cont)                                         AR20110011809



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