BOARD DATE:	  20 August 2015

		DOCKET NUMBER:  AR20140021442 


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 that item 23a (Specialty Number and Title) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) should make him eligible to receive the Combat Infantryman Badge.  He states that his military occupational specialty was 11B2P (light weapons infantryman).  

3.  The applicant provides a copy of 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 7 February 1967.  He completed training as a light weapons infantryman.  He arrived in Vietnam in August 1967 and he was assigned to Company A, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade.  He participated in three campaigns during his service in Vietnam.

3.  On 22 November 1967, the applicant was awarded the Purple Heart by Headquarters, 67th Evacuation Hospital, General Orders (GO) Number 304, for wounds received in action on 21 November 1967.

4.  Headquarters, 173rd Airborne Brigade, GO Number 462, dated 10 February 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 19 November 1967.  (A review of his record shows only one GO pertaining to the Bronze Star Medal.)

5.  On 13 June 1968, the applicant was awarded the Purple Heart (First Oak Leaf Cluster) by Headquarters, 173rd Airborne Brigade, GO Number 1638, for wounds received in action on 30 May 1968.

6.  The applicant departed Vietnam in a patient status in June 1968. 

7.  He was honorably discharged on 10 February 1970.  His DD Form 214 shows he was awarded the following awards or service ribbons:

* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Purple Heart

8.  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 worn on the appropriate service ribbon for each credited campaign to include the Vietnam Service Medal.

	b.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. 
9.  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 unit to which the applicant was assigned was cited for award of the:  

	a.  Presidential Unit Citation for the period 6 November to 23 November 1967 by Department of the Army General Order (DAGO) Number 5, dated 1969, amended by DAGO Number 42, dated 1969; and 

   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he was awarded two Purple Hearts and the Bronze Star Medal with "V" Device for heroic actions while engaged with the enemy in Vietnam.  These awards support the fact that he was directly engaged with hostile forces in ground combat.  Therefore, he should be awarded the Combat Infantryman Badge and it should added to his DD Form 214.  

2.  By GO the applicant was awarded the Bronze Star Medal with "V" Device.  A review of his record shows only one award of the Bronze Star Medal.  His DD Form 214 shows he received the Bronze Star Medal without the "V" device.  It appears an error occurred in the preparation of his DD Form 214; thus it would be appropriate to correct his record to show the Bronze Star Medal with "V" Device.

3.  He is also authorized the following awards which should be added to his DD Form 214:

* Purple Heart (First Oak Leaf Cluster)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with three 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 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 for action on 19 November 1967;

   b.  deleting the Bronze Star Medal, Purple Heart, and Vietnam Service Medal from his DD Form 214; 

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

* Combat Infantryman Badge
* Bronze Star Medal with "V" Device
* Purple Heart (First Oak Leaf Cluster)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with three bronze service stars

      
      
      _______ _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)                                         AR20140021442



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ABCMR Record of Proceedings (cont)                                         AR20140021442



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