BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120005130 


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 the award is not on his DD Form 214.

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.  The applicant was inducted into the Army of the United States on 31 January 1968.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  He served in the Republic of Vietnam from 6 July 1968 to 1 June 1969 and he was assigned to Company A, 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade.

3.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entry "FW (L) Side – 23 Aug 68," indicating the applicant sustained a fragment wound to his left side on 23 August 1968.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a Western Union Telefax to his parents, dated 26 August 1968, that shows he was slightly wounded in Vietnam on 23 August 1968 as a result of hostile action.  He received metal fragment wounds to the left side of his body.  He was at an artillery firing position when his unit engaged a hostile force in a firefight.

4.  He was honorably released from active duty on 30 January 1970 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good conduct Medal
* Vietnam Service Medal
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Two Overseas Service Bars

5.  The Combat Infantryman Badge is not included in the list of awards contained in item 41 (Awards and Decorations) of his DA Form 20 and the applicant's MPRJ is void of orders or any other documents which indicate he was recommended for or awarded the Combat Infantryman Badge during his active duty tenure.

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

	a.  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.


	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states Department of the Army General Orders 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 for the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Combat Infantryman Badge has been carefully considered and is found to have merit.  By regulation, an individual must meet three basic requirements for award of the Combat Infantryman Badge.  The individual must have held an infantry MOS; served with a qualifying infantry unit of brigade, regimental, or smaller size; and must have been personally present and participated while the unit was actively engaged in ground combat with enemy forces.  The available evidence shows the applicant met all three of these requirements.  Therefore, he should be awarded the Combat Infantryman Badge for service in Vietnam on 23 August 1968 and his DD Form 214 should be corrected to show this award.

2.  The applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show these bronze service stars.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit 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 his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Combat Infantryman Badge for the period 23 August 1968; and

	c.  adding to his DD Form 214 the:

* Combat Infantryman Badge
* Vietnam Service Medal with 4 bronze service stars
* 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)                                         AR20120005130



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ABCMR Record of Proceedings (cont)                                         AR20120005130



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