IN THE CASE OF:	  

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130003253 


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 was assigned to the 3rd Battalion, 7th Infantry Regiment, 199th Light Infantry Brigade in the Republic of Vietnam (RVN).  He was wounded in action and awarded the Purple Heart and Combat Infantryman Badge.  After being released from the hospital, he received on the job training as a driver.  His DD Form 214 was recently corrected to show the Purple Heart.

3.  The applicant provides his DD Form 214 and a Department of Veterans Affairs (VA) Rating Decision.

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 U.S. Army on 8 June 1967.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was promoted to specialist four (SP4)/pay grade E-4 on 
21 April 1968.

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

	a.  item 31 (Foreign Service):  Vietnam from 11 November 1967 through 
10 November 1968;

	b.  item 38 (Record of Assignments) service in:

	 	(1)  duty MOS 11B1O (Rifleman), Company E, 3rd Battalion, 7th Infantry, 199th Infantry Brigade, from 17 November 1967 through 8 January 1968;

    	(2)  duty MOS 11B1O (Rifleman), Headquarters and Headquarters Company, 3rd Battalion, 7th Infantry, 199th Infantry Brigade, from 9 January through 20 April 1968; and

    	(3)  duty MOS 64A1O (Light Vehicle Driver), Headquarters and Headquarters Company, 3rd Battalion, 7th Infantry, 199th Infantry Brigade, beginning 21 April 1968.

	c.  item 40 (Wounds):  Fragment wound right leg - 21 December 1967; and

	d.  item 41 (Awards and Decorations):  does not show the Combat Infantryman Badge.

4.  U.S. Army Vietnam, message, 211733Z December 1967, shows the applicant was wounded in action on 21 December 1967 while on a search and destroy mission in the RVN when he was hit by fragments from a hostile grenade.

5.  Headquarters, 93rd Evacuation Hospital, General Orders Number 303, dated 22 December 1967, awarded the applicant the Purple Heart for wounds received in action in the RVN on 21 December 1967

6.  Headquarters, 199th Infantry Brigade (Separate) (Light), General Orders Number 1500, dated 30 November 1968, awarded the applicant the Army Commendation Medal for meritorious service in the RVN from November 1967 to November 1968.
7.  The applicant's DD Form 214 shows he was honorably released from active duty on 6 June 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  It also shows:

	a.  he completed 1 year, 11 months, and 29 days of net active service that included 1 year of foreign service; and

	b.  he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with bronze service star
* RVN Campaign Medal with Device (1960)
* two Overseas Service Bars
* Army Commendation Medal
8.  A DD Form 215 (Correction to DD Form 214), issued on 5 July 2011, added the Purple Heart to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's 
DD Form 214.

9.  A review of the applicant's military personnel records failed to reveal any evidence that he was awarded the Combat Infantryman Badge.

10.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

11.  Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, Special Orders Number 219, dated 7 August 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

12.  Headquarters, Fort Polk, LA, Special Orders Number 233, dated 
8 September 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar.

13.  Headquarters, Fort Polk, LA, Special Orders Number 236, dated 
12 September 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) Bar.

14.  Headquarters, 3rd Battalion (Target Acquisition), 26th Artillery, Fort Sill, OK, General Orders Number 6, dated 12 May 1969, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 8 June 1967 to 7 June 1969.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to 3rd Battalion, 7th Infantry, the regiment was awarded the:

* Valorous Unit Award for actions from 31 January to 19 February 1968 by Department of the Army General Orders (DAGO) Number 48 (1968)
* RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by DAGO Number 51 (1971)
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
12 December 1966 to 31 August 1970 by DAGO Number 51 (1971)

16.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.  A silver service star may be worn in lieu of five bronze service stars.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam, participation credit was awarded for the:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI  (2 November 1968 - 22 February 1969)

	c.  Paragraph 8-6 contains the regulatory guidance for the Combat Infantryman Badge.  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 or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim to the Combat Infantryman Badge was carefully considered.

   a.  There are no orders that show the applicant was awarded the Combat Infantryman Badge.  However, the evidence of record shows the applicant was awarded MOS 11B and he served in duty MOS 11B as a rifleman for more than five months while assigned to the 3rd Battalion, 7th Infantry in the RVN.

    	(1)  He was awarded the Purple Heart for wounds received in action against a hostile force in the RVN on 21 December 1967.

    	(2)  His regiment was awarded the Valorous Unit Award for actions from 31 January to 19 February 1968.

    	(3)  He was awarded the Army Commendation Medal for meritorious service in the RVN from November 1967 to November 1968.
   
	b.  Thus, the available evidence supports award of the Combat Infantryman Badge in this case, and the applicant states he was awarded it.  Therefore, it would be appropriate to correct the applicant's records by adding the Combat Infantryman Badge to his DD Form 214.

2.  The evidence of record shows:

	a.  General orders awarded the applicant the Army Good Conduct Medal
(1st Award).

	b.  General orders awarded the applicant's unit the:

* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

	c.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14), Automatic Rifle (M-16), and Machinegun (M-60) Bars.

   d.  The applicant qualified for award of the Vietnam Service Medal and he participated in five campaigns during his service in Vietnam.  Thus, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal.

3.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.



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 item 24 of his DD Form 214 the "VSM w/ Bz Svc Star"; and
   
   b.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Machinegun 
(M-60) Bar




      ____________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)                                         AR20130003253



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ABCMR Record of Proceedings (cont)                                         AR20130003253



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