BOARD DATE:	  8 April 2014

		DOCKET NUMBER:  AR20130013534 


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 Combat Infantryman Badge and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was awarded the Army Commendation Medal for the same period.  He is applying for compensation from the Department of Veterans Affairs.

3.  The applicant provides no additional evidence.

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 25 January 1965 and he held military occupational specialty (MOS) 11B (light weapons infantryman).  

3.  He served in Vietnam from 3 April 1966 through 3 April 1967, during two campaigns.  He was assigned to Company B, 1st Battalion, 327th Infantry, 1st Brigade, 101st Airborne Division.

4.  General Orders (GO) Number 735, issued by Headquarters, 1st Brigade, 101st Airborne Division, on 16 September 1966 awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 8 June 1966 in Vietnam.  The orders stated:

While on a search and destroy operation, [Applicant's] platoon came under heavy automatic weapons fire from a well-entrenched reinforced North Vietnamese platoon.  Disregarding the continuous hail of bullets which blistered the ground around him, [Applicant] fearlessly assaulted the enemy positions and was instrumental in completely destroying them.

5.  He was honorably released from active duty on 3 March 1968.  He completed 3 years of net active service with 39 days of time lost.  His DD Form 214 lists the Parachutist Badge, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Army Commendation Medal.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists the Parachutist Badge, Army Commendation Medal with "V Device, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Sharpshooter Marksman Qualification Badge with Rifle Bar (M-14).

7.  There are no orders in his personnel records authorizing or awarding him the Combat Infantryman Badge during his period of service in Vietnam.

8.  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 orders for the award of the Combat Infantryman Badge to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Combat Infantryman Badge is awarded to infantry Soldiers satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.
   b.  A bronze service star is worn on campaign and service medals to denote participation in a named campaign for the Vietnam Service Medal.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 1st Battalion, 327th Infantry, was cited for award of the:

* Presidential Unit Citation for the period 2 to 20 June 1966, by DAGO Number 59, dated 1968
* Meritorious Unit Commendation, for the periods 29 July 1965 through 1 October 1966, by DAGO Number 17, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the periods 1 to 31 July 1966 and 9 December 1966 through 18 January 1967, by DAGO Number 21, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal with "V" Device for heroism with operations against a hostile force on 8 June 1966 in Vietnam.  Although his service records do not contain orders for the Combat Infantryman Badge, the evidence shows he served in an infantry MOS in an infantry unit and he participated in ground combat.  He met the criteria for award of the Combat Infantryman Badge.  Therefore, he should be awarded the Combat Infantryman Badge and his DD Form 214 should be corrected to show this badge.

2.  Based on his award of the Army Commendation Medal with "V" Device and its omission from his DD Form 214, this award should also be added to the DD Form 214 at this time.

3.  He served in Vietnam during two campaigns; therefore, he is entitled to award of two bronze service stars for his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

4.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this award.

5.  GO awarded his unit the Presidential Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  He is therefore entitled to correction of his DD Form 214 to show these unit awards.



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 the applicant the Combat Infantryman Badge for participation in ground combat on 8 June 1966
* deleting from his DD Form 214 the Army Commendation Medal and Vietnam Service Medal
* adding the following awards to his DD Form 214 -

* Combat Infantryman Badge
* Army Commendation Medal with "V" Device
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Presidential Unit Citation
* Meritorious Unit Commendation
* 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)                                         AR20130013534



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