IN THE CASE OF:	  

		BOARD DATE:	  16 October 2014

		DOCKET NUMBER:  AR20140003776 


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 the Combat Infantryman Badge. 

2.  The applicant states he believes he should have been awarded the Combat Infantryman Badge.  He held an infantry specialty, served in combat in Vietnam, and he was severely injured and lost a leg while serving in Vietnam in January 1967.  He was evacuated to Walter Reed Army Medical Center where he was ultimately retired for disability.  He believes the award was overlooked due to a clerical error as a result of his medical evacuation.  He served with C Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division.  

3.  The applicant provides his DD Form 214. 

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 18 April 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders (SO) Number 219, issued by Headquarters, Fort Polk, LA, on 24 August 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  SO Number 233, issued by Headquarters, Fort Polk, LA, on 9 September 1966, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 

5.  His records show he served in Vietnam in MOS 11C (Indirect Fire Infantryman) from on or about 19 October 1966 to 12 February 1967.  He was assigned to C Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division.

6.  He was wounded in action on 28 January 1967.  He sustained fractures to both legs, a surgical amputation of the right leg below the knee, and first degree burns to the right arm, while a passenger in an armored personnel carrier on a combat operation when vehicle hit a hostile mine. 

7.  General Orders (GO) Number 1, issued by Headquarters, 4th Infantry Division, on 30 January 1967, awarded him the Purple Heart for wounds received in action on 28 January 1967. 

8.  He was medically evacuated to Walter Reed Army Medical Center where he underwent a physical evaluation board that recommended his permanent retirement by reason of disability. 

9.  He retired on 15 December 1967 and he was placed on the Retired List in his retired rank/grade of specialist four (SP4)/E-4 on 16 December 1967.  He completed 1 year, 7 months, and 28 days of active service with no lost time.  His 
DD Form 214 shows he was awarded or authorized the Purple Heart, National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device 1960.



10.  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.  Personnel possessing an infantry MOS in a rifle squad or a cavalry platoon of an armored cavalry troop may be eligible for award of the Combat Infantryman Badge if other criteria is also met.

11.  There is no derogatory information in his file that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

12.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with 1st Squadron, 10th Cavalry Regiment, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from September 1966 to 1 August 1967 by DAGO Number 48, dated 1971.

14.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the Vietnam Counteroffensive, Phase II, from 1 July 1966 to 31 May 1967.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign

DISCUSSION AND CONCLUSIONS:

1.  The applicant held an infantry MOS and appears to have served in the infantry squad or platoon of a cavalry squadron when he was wounded in action during combat operations in Vietnam on 28 January 1967.  Having been severely wounded, it is clear he was personally present and served in active ground combat while assigned to that infantry squad or platoon when it engaged the 
enemy.  He appears to have 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.  He served honorably from 18 April 1966 through 15 December 1967.  He attained the rank/grade of SP4/E-4, received multiple awards, and was wounded in action.  He served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to a bronze service star to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award. 

5.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

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 28 January 1967
* awarding him the Army Good Conduct Medal (1st Award) for the period 18 April 1966 through 15 December 1967
* deleting from his DD Form 214 the Vietnam Service Medal
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award) 
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with one bronze service star 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar     (M-60)



      ____________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)                                         AR20140003776



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ABCMR Record of Proceedings (cont)                                         AR20140003776



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