IN THE CASE OF:	  

		BOARD DATE:  7 November 2013

		DOCKET NUMBER:  AR20130005954 


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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all authorized awards.  Specifically, he requests correction of his DD Form 214 to show award of the Combat Infantryman Badge and Valorous Unit Award.

2.  The applicant states:

	a.  The ROP for his case stated he was in a patient status on 2 November 1969 and that is erroneous.  He received an Army Commendation Medal with "V" Device for his actions on 13 November 1969 and he was awarded the Purple Heart on the hospital ship for wounds suffered on 17 November 1969.  Therefore, he was not in a patient status on the dates stated in the ROP.

	b.  Paragraph 5 on page 2 of the ROP should show his unit as the 9th Infantry Division (ID) vice the 5th ID and the dates of his patient status listed in this paragraph should show 17 November 1969 (the date he was wounded) until his discharge in April vice 2 November 1969 through 15 December 1970.

	c.  The previous ROP did not address award of the Combat Infantryman Badge.  He was wounded in a firefight on 17 November 1969 and he received a medal for heroism on 13 November 1969 while serving in the infantry.

3.  The applicant provides the Army Board for Correction of Military Records (ABCMR) Record of Proceedings, DA Form 1577 (Authorization for Issuance of Awards), letter announcing award of the Purple Heart, Army Commendation Medal with "V" Device orders, and DD Form 215 (Correction to DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120012556 on 24 January 2013.

2.  The applicant provided a new argument pertaining to his duty status which warrants consideration by the Board.

3.  The applicant was inducted into the Army of the United Stated on 24 July 1968 and he held military occupational specialty (MOS) 11B (light weapons infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 17 December 1968 to on or about 14 December 1969 as follows:

* 26 December 1968 to 8 February 1969 – cannoneer – Battery B, 2nd Battalion, 4th Artillery Regiment
* 9 February to 8 September 1969 – motor carrier driver/assistant gunner/cannoneer – Battery C, 5th Battalion, 4th Artillery Regiment, 1st Brigade, 5th ID (Mechanized)
* 9 September to 1 November 1969 – rifleman – Company A, 1st Battalion, 61st Infantry Regiment, 1st Brigade, 5th ID (Mechanized)
* "2 Nob 69 [2 November 1969]" to 14 December 1969 – patient – 249th General Hospital, Camp Drake, Japan
* 15 December 1970 – patient – Letterman General Hospital, Presidio of San Francisco, CA

5.  Item 40 (Wounds) of his DA Form 20 shows he was wounded in action, a gunshot wound to his right forearm on 17 November 1969.  It also shows he received a fragment wound to his left cheek on an unknown date.

6.  A review of the 9th ID's history reveals the 2nd Battalion, 4th Artillery, was part of the 9th ID from January 1967 to October 1970.

7.  His records contain a Standard Form 504 (Clinical Record), dated 17 November 1969, wherein it shows he was brought to the U.S. Ship (USS) Repose on 17 November 1969 for evaluation and treatment of wounds received on that date.  His records contain several medical forms that show he was treated on the USS Repose throughout the remainder of November 1969.

8.  The applicant provided a letter issued by the Commanding Officer, Naval Hospital USS Repose, dated 20 November 1969, wherein it states he was awarded the Purple Heart for wounds received in Vietnam on 17 November 1969.  The award was presented to him on 20 November 1969.

9.  His records contain a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 14 December 1969, that shows he was medically evacuated on that date to the Letterman General Hospital, Presidio of San Francisco, CA, in a patient status.

10.  Headquarters, 1st Infantry Brigade, 5th ID (Mechanized), General Orders Number 376, dated 31 March 1970, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 13 November 1969.

11.  He was honorably released from active duty on 30 April 1970.  He completed 1 year, 9 months, and 7 days of creditable active service.

12.  His DD Form 214 for the period ending 30 April 1970 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart

13.  His records are void of orders awarding him the Combat Infantryman Badge.

14.  A review of the Adjutant General's Casualty Division's Vietnam casualty listing shows he was wounded in action on 17 November 1969.

15.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.

16.  A DD Form 215 issued on 24 February 2013 amended his DD Form 214 for the period ending 30 April 1970 by:

* deleting award of the Vietnam Service Medal
* adding the following awards –

* Army Commendation Medal with "V" Device
* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Machine Gun (M-60) and Rifle (M-14) Bars
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

17.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers, 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.

18.  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 the 1st Battalion, 61st Infantry, was cited for the Valorous Unit Award for the period 11 through 15 November 1969 in Department of the Army General Orders Number 52, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  There are 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.  Notwithstanding the entries on his DA Form 20, other evidence clearly shows the applicant was present for duty with his unit up until 17 November 1969.

3.  The evidence of record confirms the applicant held MOS 11B while assigned to an infantry unit in November 1969.  His award of the Army Commendation Medal with "V" Device for heroism in action on 13 November 1969 and the Purple Heart he was awarded for wounds received in action on 17 November 1969 confirm that he actively participated in ground combat.  Therefore, he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this award.

4.  The evidence of record confirms that he was assigned to the 1st Battalion, 61st Infantry, during the period the unit was cited for award of the Valorous Unit Award and that he was not in a patient status until 17 November 1969.  Therefore, he is entitled to the correction of his DD Form 214 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 the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20120012556, dated 23 January 2013.  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 effective 13 November 1969
* adding award of the Combat Infantryman Badge and Valorous Unit Award to his DD Form 214




      _______ _  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)                                         AR20130005954



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ABCMR Record of Proceedings (cont)                                         AR20130005954



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