IN THE CASE OF:	  

		BOARD DATE:	  22 February 2012

		DOCKET NUMBER:  AR20110016761 


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 found out two months ago from the Department of Veterans Affairs (VA) that he should have been awarded the Combat Infantryman Badge for his service in Vietnam.

3.  The applicant provides:

* a self-authored statement
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* General Orders Number 213, issued by Headquarters, 12th Evacuation Hospital, dated 13 August 1969
* Purple Heart certificate
* General Orders Number 10896, issued by Headquarters, 25th Infantry Division, dated 29 August 1969
* Bronze Star Medal certificate
* DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated
11 June 1970
* Medical Board Proceedings, dated 12 May 1970


* Standard Form (SF) 503 (Clinical Record – Narrative Summary) (3 pages)
* SF 88 (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.  The applicant was inducted into the Army of the United States on 12 February 1969.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was stationed in Vietnam from
14 July 1969 to on or about 24 August 1969 while assigned to Company A,
2nd Battalion, 27th Infantry Regiment, 25th Infantry Division.  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.

3.  On 12 August 1969, he received a fragment wound to his right hip.  On
25 August 1969, he was medically evacuated from Vietnam for assignment to the Medical Holding Company, Ireland Army Hospital, Fort Knox, KY in a patient status.

4.  On 2 October 1970, he was retired from active duty due to permanent physical disability.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), dated 15 May 2011, shows the:

* Bronze Star Medal with "V" Device
* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal 


5.  Item 41 (Award and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar by Special Order Number 86, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, dated 27 March 1969.

6.  The Combat Infantryman Badge is not included in the list of earned awards contained in item 41 of his DA Form 20.  Additionally, the applicant's Military Personnel Records Jacket is void of orders or any other documents that indicate he was ever recommended for or awarded the Combat Infantryman Badge during his active duty tenure.

7.  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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 27th Infantry, the unit to which the applicant was assigned, was cited for award of the

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Orders Number (DAGO) Number 5, dated 1973.

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970 by DAGO Number 51, dated 1971.

9.  Army Regulation 600-8-22, paragraph 2-13, 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, the applicant participated in the Vietnam Summer-Fall 1969 campaign.

10.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) 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 qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but were wounded as a result of hostile action, captured by hostile forces but later escaped or were rescued or released, or were killed in action or otherwise in line of duty are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

2.  The evidence of record shows he was serving in an infantry MOS while assigned to an infantry unit of brigade, regimental, or smaller size while serving in Vietnam.  He was awarded the Bronze Star Medal with “V” Device for heroism while serving in active ground combat on 12 August 1969.  He was also awarded the Purple Heart for wounds received in action on the same date.  Therefore, there is sufficient evidence upon which to award the applicant the Combat Infantryman Badge and to correct his DD Form 214 to show this award.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The applicant participated in one campaign during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

5.  The applicant was awarded the Vietnam Service Medal.  Despite serving for less than 6 months in Vietnam, the award of the Purple Heart confirms he was wounded as a result of hostile action.  Therefore, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Combat Infantryman Badge for actions on 12 August 1969; and

	c.  adding to item 24 of his DD Form 214 the:

* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      ____________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)                                         AR20110016761



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ABCMR Record of Proceedings (cont)                                         AR20110016761



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