BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009497 


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:

* He served in Vietnam and although his military occupational specialty (MOS) was 63C (General Vehicle Repairman), he was used in MOS 11B (Light Weapons Infantryman)
* During his second month of service in Vietnam, a mortar attack during combat operations caused severe damage to his back 
* After his injury, he was medically evacuated and retrained in MOS 63C

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

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 was inducted into the Army of the United States on 21 November 1967.  He completed basic combat and advance individual training and he was awarded MOS 11B.

3.  Special Orders (SO) Number 14, issued by Headquarters, 1st Basic Combat Training Brigade, U.S. Army Training Center, Fort Order, CA, on 22 January 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 80, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA, on 29 March 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He served in Vietnam from on or about 21 May 1968 to 20 July 1968.  He was assigned to B Company, 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division.  

6.  On 2 July 1968, he received metal fragment to the right flank.  He was on night defense perimeter when hit by fragment from a friendly artillery round being directed at a hostile force.  He was evacuated through Camp Zama, Japan, and Fort Polk, LA, and ultimately assigned to Fort Hood, TX.  He was awarded MOS 63C and held this MOS at the time of his separation.

7.  Headquarters, 1st Armored Division, Fort Hood, TX, published the following SO:

* SO Number 94, on 10 April 1969 awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 107, on 25 April 1969, awarding him the Marksman Marksmanship Qualification Badge with Pistol Bar
* SO Number 149, on 11 June 1969, awarding him the Expert Marksmanship Qualification Badge with Sub-Machine Gun Bar

8.  He was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 on 20 November 1969 on 20 November 1969.  He completed 2 years of active service with no lost time.  His DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal with two bronze service stars
* Purple Heart 
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Expert Marksmanship Qualification Badge with Sub-Machine Gun Bar

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations) states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  USARV 672-1 governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and that the Combat Infantryman Badge was 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, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty 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 service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  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 during his service with the 2nd Battalion, 8th Infantry (21 May 1968 to 20 July 1968) this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from October 1966 to 28 July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from October 1966 to 31 October 1969 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant held an infantry MOS and he was assigned to an infantry unit when his unit in Vietnam engaged the enemy and accidently caused his injury by an artillery round.  Regardless of the cause of injury, he was personally present and performing his infantry duties while his unit engaged the enemy.  Therefore, he appears to have met the criteria for award of the Combat Infantryman Badge and should have his records corrected to show it. 

2.  SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), neither of which is shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges. 

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  He served honorably from 21 November 1967 through 20 November 1969.  He served in Vietnam, attained the rank/grade of SP5/E-5, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.







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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 21 November 1967 through 20 November 1969
* awarding him the Combat Infantryman Badge
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _ 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)                                         AR20120009497





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ABCMR Record of Proceedings (cont)                                         AR20120009497



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