BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150001779 


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:

* he served as an infantry squad leader during his service in the Republic of Vietnam (RVN)
* he came under and returned fire with the enemy under many occasions
* he was awarded the Bronze Star Medal with "V" Device for his actions during one of the fire fights
* he was not awarded the Combat Infantryman Badge and there is evidence that supports that he is eligible
* he has nothing to gain as far as any benefits with the Department of Veterans Affairs (VA) for being awarded the Combat Infantryman Badge
* he served his country honorably and he should have been awarded the Combat Infantryman Badge
* the Combat Infantryman Badge is a badge of honor amongst infantrymen and his service to this country more than proves his eligibility for the award

3.  The applicant provides:

* General Orders Number 829, dated 27 February 1968
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 25 January 1970
* Special Orders Number 4, dated 7 January 1970
* Part of his DA Form 20 (Enlisted Qualification Record)
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.  Having been awarded a light weapons infantryman military occupational specialty, the applicant reenlisted in the Regular Army for 6 years on 26 January 1965.

3.  He arrived in Vietnam on 2 January 1967 and he was assigned to Company D, 1st Battalion, 27th Infantry, 25th Infantry Division.  He participated in two campaigns.

4.  The applicant departed Vietnam en route to the United States on 9 November 1969.

5.  On 27 February 1968, General Orders Number 829 were published awarding the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 28 October 1967.  The orders state that the applicant "with complete disregard for his own safety, fully exposed himself to the murderous volume of enemy fire and gallantly charged through twenty meters of heavy jungle to engage and kill a Viet Cong machine gunner and destroy the enemy bunker.?

6.  The applicant was honorably discharged on 25 January 1970.  His 
DD Form 214 shows the following awards:

* Expert Marksmanship Qualification Badge (Rifle M-16)
* Expert Marksmanship Qualification Badge (Machinegun M-60)
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)
* Marksman Marksmanship Qualification Badge (Pistol .45 Caliber)
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Two Overseas Service Bars
* Bronze Star Medal
* Army Good Conduct Medal (First Award)

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

   a.  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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

	b.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

8.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by Department of the Army General Order (DAGO) Number 48, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence shows that he meets the criteria for award of the Combat Infantryman Badge. Based on his actions on 28 October 1967 as cited on his Bronze Star Medal with “V” Device orders, this badge should be added to his DD Form 214.

3.  His unit in Vietnam was cited for award of the following unit awards during his period of assignment: RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal, First Class Unit Citation.

4.  He participated in two campaigns during his Vietnam service; therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these 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 effective 28 October 1967.

b. Adding to his DD Form 214 the: 

* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation
* "V" Device to be affixed to his already-awarded Bronze Star Medal
* Two bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      __________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)                                         AR20150001779





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ABCMR Record of Proceedings (cont)                                         AR20150001779



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