IN THE CASE OF:	  

		BOARD DATE:  21 February 2012

		DOCKET NUMBER:  AR20110015284 


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 (CIB) and all other awards he is authorized.

2.  The applicant states he believes an error was made by excluding the CIB from his DD Form 214 and wants the error corrected as a matter of injustice.

3.  The applicant provides copies of his DD Form 214, a letter from the National Personnel Records Center, his DA Form 20 (Enlisted Qualification Record), DA Form 20B (Record of Court-Martial Conviction), Letter Orders discharging him from the U.S. Army Reserve, Standard Form 601 (Immunization Record), Pre-Induction Report of Medical History, Separation Report of Medical History, and his Separation Report of Medical Examination.

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 30 November 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 19 April 1968, the applicant departed Fort Polk, Louisiana for duty in the Republic of Vietnam (RVN).

	a.  On 4 June 1968, he was assigned as an infantryman with Company B, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division.

	b.  On 20 June 1968, he was reassigned to Company A of the same battalion.

	c.  On 13 August 1968, he was reassigned as a patient to the Medical Holding Company, 166th General Hospital and was subsequently evacuated from the RVN.

4.  On 1 August 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had completed 1 year, 11 months, and 21 days of creditable active duty service.

5.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

* [Republic of] Vietnam Campaign Medal
* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  The applicant's DA Form 20 records in Item 40 (Wounds) of the applicant’s DA Form that he received a fragment wound to the chest on 8 July 1968.  The form does not provide any additional information as to the circumstances surrounding this wounding.

7.  The applicant's separation report of medical history and his separation medical examination state he had been hit by shrapnel in the left arm and chest while in the RVN; however, there are no remarks explaining the circumstances of the wounding.


 8.  Army Regulation 600-8-22 (Military Awards):

	a.  The Vietnam Campaign Medal with 1960 Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

	b.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

	c.  Appendix B provides that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Vietnam Counteroffensive, Phase IV and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the CIB and all other awards he is authorized.

2.  The evidence clearly shows that the applicant was awarded an infantryman MOS and had served in the RVN with an infantry unit of brigade, regimental, or smaller size.  However, there are no available special orders awarding the applicant the CIB.  The available records do not show that he had engaged in active ground combat against an armed enemy.  Furthermore, the record is silent concerning the circumstances surrounding his receiving fragment wounds while in the RVN.  Therefore, the available evidence is insufficient to support his request for award of the CIB and should be denied.

3.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

5.  Records show that the applicant qualified for award of the Republic of Vietnam Campaign Medal with 1960 Device.  Therefore, his records should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X ___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 the Vietnam Campaign Medal and the Vietnam Service Medal; and

	b.  showing in addition to the awards shown on his DD Form 214, his authorized awards include:

* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the 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)                                         AR20110015284





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ABCMR Record of Proceedings (cont)                                         AR20110015284



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