RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 FEBRUARY 2004                  
	DOCKET NUMBER:   AR2003089

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Mae M. Bullock		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests award of the Combat Infantryman Badge (CIB).

2.  The applicant states that he was an infantryman with the 1st Platoon, Company C, 2nd Battalion, 7th Cavalry, 1st Cavalry Division and served in Tay  Ninh province in Vietnam where his company was engaged in hostile fire with North Vietnamese regulars from February 1969 to August 1969.

3.  The applicant provides a 15 May 2003 statement from his former commanding officer, who stated that he personally witnessed the applicant's heroic actions on several occasions, and that he was involved in a number of combat actions.  The applicant also provides a copy of his 2 December 1969       DD Form 214 (Report of Separation).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on               2 December 1969.  The application submitted in this case is dated 22 May 2003.  
2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Army for two years on 16 September 1968, trained as an infantryman, and in February 1969 was assigned as such to Company C, 2nd Battalion, 7th Cavalry in Vietnam.  

4.  On 5 May 1969 the applicant was wounded in action.  On 9 May 1969, Headquarters, 1st Cavalry Division published orders awarding him the Purple Heart.  

5.  On 23 September 1969 the applicant's commanding officer recommended that the applicant be discharged from the Army under the provisions of Army Regulation 635-212 for unsuitability.  That officer stated that the applicant saw action in the field and because he had several close friends killed or wounded, his attitude changed.  He seemed to give up and turn against the war, openly expressing his dislike for the conflict.  He was a bad morale problem for the company.  He stated that the applicant admitted that his problem forced him to take drugs on every possible occasion.  His company commander indicated that he had been counseled on various occasions, and named the applicant's former company commander [the same officer that provided the 15 May 2003 statement on the applicant's behalf] as one who counseled him.    

6.  On 29 October 1969 the separation authority approved the recommendation and directed that the applicant be issued a General Discharge Certificate.

7.  The applicant returned to the United States and was discharged at Oakland, California on 2 December 1969.  He participated in three campaigns in Vietnam, and the 2nd Battalion, 7th Cavalry, was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions while the applicant was assigned to that unit.  The applicant's DD Form 214 does not show award of the Combat Infantryman Badge.  

8.  On 6 August 1976 the Army Discharge Review Board upgraded the applicant's discharge to honorable.  His DD Form 214 was also corrected to show that he participated in three campaigns while in Vietnam, and that he was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  It did not correct his DD Form 214 to show award of the Combat Infantryman Badge, the Valorous Unit Award, or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

9.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge to infantry Soldiers who have an infantry specialty,  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.   
  
DISCUSSION AND CONCLUSIONS:

1.  The applicant was a combat infantryman, who participated in ground combat and was wounded in action.  He is entitled to award of the Combat Infantryman Badge.   

2.  The applicant is also entitled to award of the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

__AAO __  __JTM __  __MMB  _  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Combat Infantryman Badge, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

		__  Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2003091807	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040226	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.