IN THE CASE OF:	  

		BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120007546 


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 served in Vietnam from 7 April 1966 to 7 April 1967 with the 173rd Airborne Brigade in the front lines in combat as an infantry paratrooper in charge of an M-60 machine gun.  His DD Form 214 shows his Vietnam awards but not the Combat Infantryman Badge.

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's records show he enlisted in the Regular Army on 31 August 1963 and he held military occupational specialty (MOS) 111.07 (later redesignated as 11B (Light Weapons Infantryman).  He also completed the Basic Airborne Course.

3.  He was honorably discharged on 1 October 1964 for the purpose of immediate reenlistment.  He reenlisted in the Regular Army on 2 October 1964.  He served in Alaska from 26 January to 23 February 1965.

4.  He also served in Vietnam from on or about 5 April 1966 to on or about 1 April 1967.  He was assigned to Company B, 2nd Battalion, 503rd Infantry, as a rifleman in MOS 11B.

5.  He was wounded on 26 February 1966.  The complete facts regarding his injury and/or the treatment records are not available for review with this case.

6.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 39 (Record of Assignment) he served as a rifleman and gunner with Company B, 2nd Battalion, 503rd Infantry and that he was transferred to the 106th General Hospital as a patient on 26 February 1966
* Item 40 (Wounds) shows he suffered a fragment wound to his right calf on 26 February 1966
* Item 41 (Awards and Decorations) does not list the Combat Infantryman Badge

7.  There are no special orders in his official records that show he was awarded the Combat Infantryman Badge.

8.  Subsequent to his Vietnam service, he was reassigned to Fort Ord, CA, where he remained until separation.  He was honorably released from active duty on 29 September 1967 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows he was awarded or authorized the:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Purple Heart
* Army Good Conduct Medal

9.  Army Regulation 600-8-22 (Military Awards) provides that 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.  

10.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

11.  A review of his records indicates his entitlement to additional awards which are not listed on his DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his tenure with the 2nd Battalion, 503rd Infantry, in Vietnam, his unit was cited for awards of the:

* Meritorious Unit Commendation, for service from 5 May 1965 to 4 May 1967, based on Department of the Army General Orders (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 5 May 1965 to 26 September 1970, based on DAGO Number 51, dated 1971

13.  Army Regulation 600-8-22 (Military Awards), 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 Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) campaign.


DISCUSSION AND CONCLUSIONS:

1.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

2.  The applicant's served in Vietnam with an infantry unit as a rifleman and gunner.  He sustained a fragment wound to his right calf on 26 February 1966.  Based on the nature of his assignments and the combat wound he received in Vietnam – despite the absence of the facts and circumstances surrounding his combat injury – it is reasonable to presume he was personally present and under hostile fire while serving in his assigned infantry duty in an infantry unit that was actively engaged in ground combat with the enemy.  Therefore, he appears to have met the criteria for award of the Combat Infantryman Badge and should be entitled to correction of his records to show it. 

3.  General orders awarded his unit the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards. 

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to a bronze service star to be affixed to the Vietnam Service Medal.

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 for service on 26 February 1966
* deleting the Vietnam Service Medal from his DD Form 214 and adding the following awards to his DD Form 214 –

* Vietnam Service Medal with a bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20120007546



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ABCMR Record of Proceedings (cont)                                         AR20120007546



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