IN THE CASE OF:	   

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140012979 


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 award of the Combat Infantryman Badge and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states the Combat Infantryman Badge and the Republic of Vietnam Campaign Medal with Device (1960) is not listed on his DD Form 214.

3.  The applicant provides copies of General Orders Number 1654 and 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 enlisted in the Regular Army on 18 November 1963.  He completed training and was awarded military occupational specialty (MOS)     11B (Light Weapons Infantryman).  Evidence shows he served in the Republic of Vietnam from 5 May 1965 to 11 April 1966 with Company B, 2nd Battalion (Airborne), 503rd Infantry Regiment.

3.  His record contains:

   a.  Special Orders Number 13, issued by Headquarters, 1st Training Brigade, U.S. Army Training Center, Infantry, Fort Jackson, SC, dated 20 January 1964, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14);
   
   b.  Special Orders Number 34, issued by Headquarters, 3rd Training Regiment-Infantry, Fort Gordon, GA, dated 4 March 1964, which show he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60);  
   
   c.  Special Orders Number 90, issued by Headquarters, 173rd Airborne Brigade (Separate), dated 16 April 1965, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); and
   
   d.  General Orders Number 1654, issued by Headquarters, United States Army Vietnam, dated 14 March 1966, which show he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 10 October 1965.
   
4.  On 17 November 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal 
* Parachutist Badge 
* Purple Heart

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

6.  Army Regulation 600-8-22 provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Defense Campaign
* Vietnam Counteroffensive

7.  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, 503rd Infantry Regiment, was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971; and

   b.  Meritorious Unit Commendation for the period 5 May 1965 to 4 May 1967 by DAGO Number 48, dated 1968.

8.  Army Regulation 600-8-22 also states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to support award of the Combat Infantryman Badge, there must not only be evidence that a member served in an infantry specialty in an infantry unit, but also that he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  Evidence shows the applicant was serving as an infantryman in an infantry unit when he received the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 10 October 1965.  Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show the same.

2.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  The evidence revealed the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his previously-awarded Vietnam Service Medal.

4.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a Meritorious Unit Commendation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  Evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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:

   a.  awarding him the Combat Infantryman Badge;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding to his DD Form 214 the following:

* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machine Gun            Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Campaign Medal with Device (1960)




      _______ _  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)                                         AR20140012979





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ABCMR Record of Proceedings (cont)                                         AR20140012979



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