RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  22 January 2004
	DOCKET NUMBER:  AR2003089766

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Ronald J. Weaver		Member	
	Mr. Arthur A. Omartian		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.

2.  The applicant states that he came home on emergency leave and believes this award was not properly made a part of his record.  He also states that he believes once a record review is done this injustice will be corrected.

3.  The applicant provides no documents in support of his application.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of awards listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 12 June 1970.  The application submitted in this case is dated 11 April 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's military records show he was enlisted in the Regular Army as a private, pay grade E-1, on 14 June 1968.  He completed training as an infantry direct fire crewman in military occupational specialty (MOS) 11H.  

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam from 12 November 1968 to 16 October 1969 and during that time he was assigned to Company E, 2nd Battalion, 506th Infantry.  Item 41 (Awards and Decorations) shows that during his active duty tenure, he earned the following awards:  the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with 1960 Device, the Army Commendation Medal, the Bronze Star Medal, the Expert Rifleman Badge (M-14), and the Good Conduct Medal. 

5.  The applicant's records contain General Orders Number 13866, dated 15 November 1969, issued by Headquarters, 101st Airborne Division, which awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 10 January to 15 May 1969.

6.  The applicant was honorably released from active duty on 12 June 1970.  The DD Form 214 issued to him on that date lists the following awards in Item 24:  the 

National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with 1960 Device, the Army Commendation Medal, the Bronze Star Medal, the Expert Rifleman Badge (M-14), and the Good Conduct Medal. 

7.  Army Regulation 600-8-22 provides, in pertinent part, that 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.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  Department of the Army General Order Number 43, dated in 1970, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the 2nd Battalion, 506th Infantry while serving in the Republic of Vietnam from 19 July 1968 to 14 May 1969.

9.  Department of the Army General Order Number 48, dated in 1971, authorized the award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation Badge to all personnel assigned to the 2nd Battalion, 506th Infantry while serving in the Republic of Vietnam from 3 October 1968 to 2 May 1970.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant served in a qualifying infantry MOS in an infantry unit and was personally present and participated in combat operations with that unit while serving in the Republic of Vietnam.  Therefore, it would be appropriate to add the Combat Infantryman Badge to his records.

2.  The applicant’s DD Form 214 does not reflect he was awarded the Air Medal and the evidence of record confirms that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 10 January to 15 May 1969.  Therefore, it would also be appropriate to add it to his record at this time.

3.  The evidence of record further shows that, based on his service in Vietnam and campaign participation, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge.  As a result, it would also be appropriate to add these awards to his record at this time.  

BOARD VOTE:

___jl___  ___rw____  __ao______  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:

a.  by showing that the individual concerned was awarded the Combat Infantryman Badge for his combat service in the Republic of Vietnam and the Air Medal based on General Orders Number 13866 dated 15 November 1969;

b.  by showing that he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge; and 

c.  by providing him a corrected separation document that includes these awards.

		____Joann Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2003089766	
SUFFIX		
RECON		
DATE BOARDED	20040122	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	107.18	
3.	107.111	
4.		
5.		
6.