IN THE CASE OF:  	  

		BOARD DATE:  18 December 2014	  

		DOCKET NUMBER:  AR20140008570 


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.

2.  The applicant states he served as a combat infantryman with Company C, 3rd Battalion, 21st Infantry, 196th Infantry Brigade, during the Vietnam conflict from 9 November 1968 through 27 September 1969.  During that time he fought in active ground combat and received both a Purple Heart and Bronze Star Medal for Valor.  He believes he should have been awarded the Combat Infantryman Badge as well.  A recent review of his records by the Department of Veterans Affairs alerted him to the omission.  He is requesting that this oversight be corrected and he be awarded the Combat Infantryman Badge.

3.  The applicant provides copies of the following:

* General Orders (GO) Number 5518
* GO Number 105
* 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 10 June 1968.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served in Vietnam from 9 November 1968 through 27 September 1969, during three campaigns.  He was assigned to Company C, 3rd Battalion, 21st Infantry, 196th Infantry Brigade.

3.  His record contains and he provided copies of the following orders:

* GO Number 5518, issued by Headquarters, Americal Division, on 22 June 1969, awarding him the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in Vietnam on 14 May 1969
* GO Number 105, issued by Headquarters, 106th General Hospital, on 12 September 1969, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 21 August 1969

4.  He was honorably released from active duty in pay grade E-4 on 9 June 1970 and was transferred the U.S. Army Reserve Control Group (Annual Training).  He was credited with completion of 2 years of active service.  His DD Form 214 lists the:

* Vietnam Service Medal
* Vietnam Campaign Medal
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Purple Heart
* Bronze Star Medal with "V" Device

5.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignments) he received "unknown" conduct and efficiency ratings during basic combat and advanced individual training and "excellent" conduct and efficiency rating during his period of service in Vietnam; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 41 (Awards and Decorations) lists the same awards as listed on his DD Form 214

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

7.  Army Regulation 672-5-1 (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 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

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

   a.  The Combat Infantryman Badge is awarded to an infantryman Soldier 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.  Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.

   b.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 3rd Battalion, 21st Infantry, was cited for award of the:

* Valorous Unit Award, for the period 13 May through 17 June 1969, by Department of the Army General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 16 April through 28 August 1969 by DAGO Number 6, dated 1974
   
   
   
   
   
DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Combat Infantryman Badge, GO awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection ground operations against a hostile force in Vietnam on 14 May 1969 and he served in Vietnam in an infantry MOS while assigned to an infantry unit.  Notwithstanding the absence of orders for the Combat Infantryman Badge, the evidence shows he met the criteria for award of the Combat Infantryman Badge during his period of service in Vietnam.  Therefore, he is entitled to award of the Combat Infantryman Badge and its addition to his DD Form 214.

2.  The evidence shows he received "excellent" ratings during his period of service in Vietnam, he was awarded the Bronze Star Medal with "V" Device, and he attained the rank of pay grade E-4.  There is no evidence he was found disqualified for award of the Army Good Conduct Medal during his period of service.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 10 June 1968 through 9 June 1970 and its addition to his DD Form 214.

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

4.  DAGO awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these 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 him the Army Good Conduct Medal (1st Award) for his period of service from 10 June 1968 through 9 June 1970
* awarding him the Combat Infantryman Badge for participation in ground combat on 14 May 1969
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* 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)                                         AR20140008570





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ABCMR Record of Proceedings (cont)                                         AR20140008570



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