BOARD DATE:	12 April 2012  

		DOCKET NUMBER:  AR20110019903 


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 when he reenlisted on 5 August 1970 he held military occupational specialty (MOS) 11C (Indirect Fire Infantryman) and volunteered for Vietnam.  When he arrived in Vietnam, he was assigned to Company D, 2nd Battalion, 506th Infantry Regiment.  He was wounded in Vietnam on 13 November 1970 and he was awarded a Purple Heart because of his combat injuries.  Due to his resulting medical profile, he was no longer fit for Infantry duty and was assigned in MOS 71B (Clerk Typist).  He is requesting award of the Combat Infantryman Badge based on his combat service in Vietnam as an Infantryman.

3.  The applicant provides two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 August 1970 and 10 August 1973; and a DA Form 1594 (Daily Staff Journal or Duty Officer's Log).

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 enlisted in the Regular Army (RA) on 4 December 1969 and he held MOS 11C.

3.  On 5 August 1970, he was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued for this period of service shows he completed 8 months and 2 days of total active service.  Item 23a (Specialty Number & Title) of this DD Form 214 shows his MOS as 11C.

4.  On 6 August 1970, he reenlisted in the RA.  He served in Vietnam from 28 September - 18 November 1970 while assigned to Company D, 2nd Battalion, 506th Infantry Regiment.

5.  Headquarters, 85th Evacuation Hospital, Vietnam, General Orders Number 257, dated 14 November 1970, awarded him the Purple Heart for wounds received in action in Vietnam on 13 November 1970.

6.  He was medically evacuated from Vietnam and on 19 November 1970 and he was assigned in a patient status to the Medical Holding Detachment, U.S. Army Hospital, Okinawa.

7.  On 18 May 1971, he was awarded MOS 71B as his primary MOS.  He retained 11C as his secondary MOS.  On 25 May 1971, he was given a permanent physical profile with duty assignment limitations which prevented him from performing the duties required of an Infantryman.

8.  He was honorably released from active duty on 10 August 1973 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Standby) to complete his remaining service obligation.  The DD Form 214 he was issued for this period of service shows he completed 3 years of net active service during this period of service with 5 days of time lost for a total of 3 years, 8 months, and 2 days of total active service.  


9.  This DD Form 214 shows awards of the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Purple Heart
* Army of Occupation Medal (Berlin)

10.  The applicant provides a 2nd Battalion, 506th Infantry Regiment Daily Staff Journal or Duty Officer's Log, dated 13 November 1970, wherein it shows the applicant received a gunshot wound to the right leg on that date during an exchange of fire with hostile forces.

11.  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.

12.  A review of his records indicates entitlement to additional awards.

13.  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 had qualified for award of the Vietnam Service Medal and were evacuated prior to completing
6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states Department of the Army General Order Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held an infantry MOS and he was assigned to an infantry unit in Vietnam.  His award of the Purple Heart on 13 November 1970 confirms he served in active ground combat with enemy forces while in Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this award.

2.  He served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

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.  awarding him the Combat Infantryman Badge effective 13 November 1970, and

	b.  adding to his DD Form 214 for the period ending 10 August 1973 the:

* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110019903



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ABCMR Record of Proceedings (cont)                                         AR20110019903



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