IN THE CASE OF:	  

		BOARD DATE:	  2 January 2014

		DOCKET NUMBER:  AR20130007043 


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 records to show award of the Combat Infantryman Badge.

2.  The applicant states he served in the Republic of Vietnam (RVN) and in Cambodia as an infantryman; he engaged in firefights; distinguished himself in combat; and he was wounded in action and received the Purple Heart.  As a combat infantry Soldier, he is deserving of the Combat Infantryman Badge. 

3.  The applicant provides a copy of a letter of commendation, award documents, and 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 was inducted into the Army on 17 July 1969.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and promoted to sergeant (SGT)/E-5 on 5 November 1970.

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

	a.  item 31 (Foreign Service), he served in Vietnam from 17 January 1970 through 29 November 1970;

	b.  item 38 (Record of Assignments), he performed duties as a rifleman 
(MOS 11B) while assigned to Company A, 1st Battalion, 14th Infantry,
4th Infantry Division, from 31 January 1970 through 22 November 1970;

	c.  item 40 (Wounds), he sustained fragment wounds to his left leg on 
29 June 1970; and

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

4.  Headquarters, 17th Field Hospital, General Orders Number 120, dated
20 July 1970, awarded the applicant the Purple Heart for wounds received in action on 29 June 1970.

5.  Headquarters, 4th Infantry Division, General Orders Number 5588, dated 
3 November 1970, awarded the applicant the Army Commendation Medal for meritorious achievement in the RVN from 1 October 1970 to 1 November 1970.

6.  Headquarters, 4th Infantry Division, General Orders Number 5596, dated 
4 November 1970, awarded the applicant the Army Commendation Medal 
(1st Oak Leaf Cluster) for meritorious service in the RVN from January 1970 to November 1970.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 16 July 1971.  He completed 2 years of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:

* National Defense Service Medal
* two Overseas Service Bars
* Purple Heart
* Army Commendation Medal (1st Oak Leaf Cluster)
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device (1960)

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

9.  In support of his request the applicant provides a copy of a letter of commendation, dated 15 November 1970, that he received from the Commander, Company A, 1st Battalion, 14th Infantry, that shows the commanding officer extended his appreciation to the applicant for the superior performance of duty the applicant rendered to the company.  He noted the professional competence and leadership the applicant displayed in combat.

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.  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, 14th Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period July 1969 through 17 November 1970 by Department of the Army General Order Number 52 (1971).

12.  Headquarters, 197th Infantry Brigade, Fort Benning, GA, General Orders Number 151, dated 24 June 1971, awarded the applicant the Army Good Conduct Medal (1st Award) for the period 17 July 1969 to 16 July 1971.

13.  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 and shows that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in. 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 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)

	b.  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 contends his DD Form 214 should be corrected to show award of the Combat Infantryman Badge.

2.  There is no evidence that shows 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 10 months while assigned to the 1st Battalion, 14th Infantry Regiment in the RVN.

   a.  He was awarded the Purple Heart for wounds received in action against a hostile force in the RVN on 29 June 1970.

    b.  The company commander recognized the applicant for his superior performance of duty, noting the professional competence and leadership the applicant displayed in combat.

    c.  He received two awards of the Army Commendation Medal (one for meritorious achievement and one for meritorious service) in the RVN during the period January to November 1970.
   
	d.  Thus, the available evidence supports award of the Combat Infantryman Badge in this case.  Therefore, it would be appropriate to correct the applicant's records by showing award of the Combat Infantryman Badge.

3.  The evidence of record also shows:

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

	b.  General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation.

   c.  The applicant qualified for award of the Vietnam Service Medal and he participated in three campaigns during his service in Vietnam.  Thus, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  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.  awarding him the Combat Infantryman Badge for the period 31 January 1970 through 22 November 1970 (Standard Name Line:  SGT  Company A, 
1st Battalion, 14th Infantry, 4th Infantry Division);

	b.  deleting from item 24 of his DD Form 214 the "Vietnam Service Medal 
w/2 Bronze Stars"; and

	c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




      _______ _   __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)                                         AR20130007043



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ABCMR Record of Proceedings (cont)                                         AR20130007043



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