IN THE CASE OF:  

		BOARD DATE: 30 July 2013

		DOCKET NUMBER:  AR20130000553
 

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 is requesting to be awarded the Combat Infantryman Badge for his service in combat while in Vietnam from 13 November 1970 – 
27 October 1971.  He served with Company E, 4th Battalion, 503d Infantry, 
173d Airborne Brigade.  He was wounded in combat and received the Purple Heart.  He thought the Combat Infantryman Badge was awarded after 90 days serving in combat.  He was not aware that he was not officially awarded the badge until he started counseling for post-traumatic stress disorder (PTSD).

3.  The applicant provides copies of:

	a.  DD Forms 214 (Certificate of Release of Discharge from Active Duty) for the periods:

* 29 October 1968 to 1 July 1969
* 2 July 1969 to 29 June 1973
* 15 November 1974 to 5 December 1976
* 6 December 1976 to 5 December 1980

	b.  enlistment documents covering his military service from 29 October 1968 to 5 December 1980.

	c.  a message showing the applicant was wounded in action in Vietnam on 
21 October 1970.
	d.  DA Form 2-1 (Personnel Qualification Record – Part II).

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 on 29 October 1968.  He completed training, including basic airborne training, and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was later reclassified into MOS 71G (Medical Records Specialist).  He was released from active duty on 29 June 1973.  He again enlisted on 15 November 1974 and served until 5 December 1980.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in item 38 (Record of Assignments) that he was assigned in Vietnam to Company E, 4th Battalion, 503d Infantry 173d Airborne Brigade, with duty as a rifleman and senior scout observer, from 17 November 1969 until 21 October 1970, when he was transferred as a patient to the 67th Evacuation Hospital.  He departed Vietnam on 11 February 1971.

	b.  in item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Vietnam Campaign Medal, two Overseas Service Bars, Combat Infantryman Badge, Purple Heart, Bronze Star Medal, and the Army Good Conduct Medal.

4.  His DA Form 20 shows he was awarded the Combat Infantryman Badge by Special Orders Number 65, Headquarters, 173d Airborne Brigade, dated 6 March 1970.

5.  The applicant provided DD Forms 214 for the period:

	a.   29 October 1968 to 1 July 1969, showing he was awarded the Parachutist Badge and the National Defense Service Medal.

	b.  2 July 1969 to 29 June 1973, showing he was awarded the Vietnam Service Medal, Vietnam Campaign Medal, Purple Heart, Bronze Star Medal, and the Army Good Conduct Medal.

	c.  15 November 1974 to 5 December 1976, showing he was awarded the Bronze Star Medal, Purple Heart, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, two Overseas Service Bars, and the Parachutist Badge.

	d.  6 December 1976 to 5 December 1980, showing he was honorably discharged as a specialist five/E-5.  He had completed a total of 10 years, 
8 months, and 22 days of active duty service.  His awards are shown as the Purple Heart, Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Good Conduct Medal, and two Overseas Service Bars.

6.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter - Spring 1970                  1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive                     1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII        1 July 1970 - 30 June 1971

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 4th Battalion, 503d Infantry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969-16 March 1971 by Department of the Army General Orders (DAGO) Number 5, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he was awarded the Combat Infantryman Badge by special orders dated 6 March 1970.  

2.  Records show the applicant participated in three campaign periods during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  During the applicant's assignment to his unit in Vietnam it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  These awards should be added to his DD Form 214 ending 5 December 1980.

5.  His records also show he was awarded the Parachutist Badge.  Although this award is listed on his DD Form 214 ending 1 July 1969, it should also be added to his DD Form 214 ending 5 December 1980.

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 adding the following awards to his DD Form 214 ending 5 December 1980:

* Combat Infantryman Badge
* three bronze service stars for his already-awarded Vietnam Service Medal 











* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Parachutist 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130000553



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