IN THE CASE OF:  	  

		BOARD DATE:  10 March 2015	  

		DOCKET NUMBER:  AR20140011133 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states:

* he was awarded the Purple Heart while he was in the hospital in Japan, but it is not shown on his DD Form 214
* the Combat Infantryman Badge was not awarded to him or noted on his DD Form 214, but he served in combat in the A S?u Valley, Vietnam
* he was in a combat infantry unit in Vietnam

3.  The applicant provides:

* DD Form 214
* Headquarters, 106th General Hospital, General Orders Number 81, dated 31 July 1969
* letter from the National Personnel Records Center, dated 25 March 2011
* Daily Staff Journal or Duty Officer's Log, dated 20 July 1969, seven pages

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 29 January 1969 for a period of 2 years.

3.  He served in Vietnam from 30 June 1969 through 27 July 1969 while assigned to Company D, 2d Battalion, 506th Infantry Regiment (Airborne), and he participated in one campaign during this period.

4.  He provided a copy of the Forward Tactical Operations Center, 2d Battalion, 506th Infantry Regiment (Airborne), Daily Staff Journal or Duty Officer's Log for 20 July 1969 showing the 506th Infantry Regiment (Airborne) engaged or were engaged by hostile forces.

5.  Headquarters, 106th General Hospital, General Orders Number 81, dated 31 July 1969, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 20 July 1969.

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

* item 22 (Military Occupational Specialties (MOSs)) – 11B (light weapons infantryman)
* item 38 (Record of Assignments) – he was in a patient status on 28 July 1969 and he was medically evacuated to the 106th General Hospital in Japan
* item 40 (Wounds) – gunshot wound to his left hand on 20 July 1969
* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal

7.  On 23 January 1970, he was honorably discharged due to physical disability with entitlement to severance pay.  He completed 11 months and 25 days of active service during this period.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  His records are void of documentation showing he was awarded the Combat Infantryman Badge. 

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

	b.  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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H during the Vietnam era.

10.  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 2nd Battalion, 506th Infantry Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through May 1970 by Department of the Army General Orders Number 48, dated 1971.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for a wound sustained as a result of hostile action in the Republic of Vietnam on 20 July 1969; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  He held MOS 11B while serving in an infantry unit during his assignment in Vietnam and he was awarded the Purple Heart for wounds received in action on 20 July 1969.  In view of the available evidence, it is reasonable to presume that he was present for duty with his unit when the unit was engaged in active ground combat.  Therefore, it would be appropriate to award him the Combat Infantryman Badge and to correct his DD Form 214 to show this badge.

3.  He participated in one campaign during his service in Vietnam that authorizes him one bronze service star with his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this service star.

4.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his assignment.  Therefore, he is 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 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:

	a.  awarding him the Combat Infantryman Badge for the period 30 June 1969 through 27 July 1969,

	b.  deleting award of the Vietnam Service Medal from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* Purple Heart
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge



      _______ _   _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)                                         AR20140011133



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ABCMR Record of Proceedings (cont)                                         AR20140011133



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