IN THE CASE OF: 

		BOARD DATE:	    12 August 2014

		DOCKET NUMBER:  AR20130021353 


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 served in Vietnam as a light weapons infantryman.  He was entitled to the Combat Infantryman Badge.  He wore it then and he still wears it today.  However, it is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He was told he had to be in combat for 90 days and he then would be automatically entitled to it.  He served in combat for 1 year and he was wounded and sent to Japan for treatment.  It appears his records were messed up. 

3.  The applicant provides:

* DD Form 214
* General Orders (GO) Number 7790, Army Commendation Medal with "V" Device
* GO Number 12049, Army Commendation Medal with "V" Device

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's records show he was inducted into the Army of the United States on 10 July 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders (SO) Number 215, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, on 23 August 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 59, issued by Headquarters, 2nd Advanced Individual Training Brigade, U.S. Army Infantry Center, Fort Ord, CA, on 14 October 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His records show he served in Vietnam from 8 December 1968 to 5 December 1969.  He was assigned to Company B, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade.  

6.  He was wounded in action on 24 August 1969 during a search and clear mission when his infantry unit engaged a hostile force in a firefight.  He was also wounded in action on 15 May 1969.

7.  He was awarded the Army Commendation Medal with "V" Device on two occasions, on 21 June 1969 and 22 August 1969, each time for heroism while his infantry unit engaged hostile forces and each time he engaged the enemy by directing his fire and killing and/or wounding several enemy personnel.   

8.  GO Number 11900, issued by Headquarters, Americal Division, on 18 November 1969, awarded him the Bronze Star Medal for meritorious service from December 1968 to December 1969. 

9.  GO Number 54, issued by Headquarters, U.S. Army Training Center, Fort Benning, GA, on 18 December 1969, awarded him the Army Good Conduct Medal.
   
   
   
10.  He was honorably released from active duty on 9 July 1970.  His DD Form 214 shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal
* Purple Heart with 1st oak leaf cluster
* Army Commendation Medal with 1st oak leaf cluster and "V" Device
* “Sharpshooter (Rifle)” 

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

12.  On 9 September 2005, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to add the Bronze Star Medal.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 2nd Battalion, 1st Infantry Regiment his unit was cited:

* Valorous Unit Award for valor from 11 to 31 August 1969, by DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 24 August to 31 December 1969 by DAGO Number 42, dated 1972

14.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the below listed campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

* Vietnam Counteroffensive, Phase VI, 2 November 1968 to 22 February 1969
* TET 69 Counteroffensive, 23 February 1969 to 8 June 1969
* Vietnam Sumer-Fall 1969, 9 June 1969 to 30 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969 to 30 April 1970



DISCUSSION AND CONCLUSIONS:

1.  The applicant held an infantry MOS and he served with an infantry unit in Vietnam when he was wounded in action on 24 August 1969 during a search and clear mission when his infantry unit engaged a hostile force in a firefight.  He was also wounded in action on 15 May 1969.  Additionally, he was awarded the Army Commendation Medal with "V" Device on two occasions, each time for heroism while his infantry unit engaged hostile forces and each time he engaged the enemy by directing his fire and killing and/or wounding several enemy personnel. It is reasonable to presume he was 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.  GO awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  GO awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

4.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  His DD Form 214 listed the entry "Sharpshooter (Rifle)" which does not identify the specific weapon system.  As a matter of clarity, this entry should be deleted and the two marksmanship badges should be added to his DD Form 214. 

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four (instead of three) bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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:

* awarding him the Combat Infantryman Badge for action on 24 August 1969
* deleting from his DD Form 214 the Vietnam Service Medal with 3 bronze service stars and the entry "Sharpshooter (Rifle)" 
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award) 
* Combat Infantryman Badge
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      ___________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)                                         AR20130021353



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021353



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1