IN THE CASE OF: BOARD DATE: 18 JUNE 2009 DOCKET NUMBER: AR20090004290 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. 2. The applicant states that he was a member of Company D, 2nd Battalion, 501st Infantry, 101st Airborne Division during his service in the Republic of Vietnam where he earned the Combat Infantryman Badge. 3. The applicant provides a copy of his DD Form 214, dated 21 May 1971, in support of his application. 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's records show he enlisted in the Regular Army for a period of 3 years on 22 May 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman). 3. The applicant's records further show that he served in the Republic of Vietnam from 17 October 1968 to 18 October 1969. He was assigned to Company D, “Delta Raiders,” 2nd Battalion, 501st Infantry, 101st Airborne Division. During the applicant’s tenure with the “Delta Raiders,” the unit saw considerable action, including participation in Operation Apache Snow (May 1969) and the bloody fight at Hill 937 in the Ashau Valley. The applicant’s unit received the Presidential Unit Citation for the battle of Dong Ap Bia Mountain, called “Hamburger Hill” by the veterans who fought there. 4. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Combat Infantryman Badge. Furthermore, there are no orders in the applicant's records that show he was awarded the Combat Infantryman Badge. 5. A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal. Furthermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service. His records do not contain any derogatory information. 6. He was honorably released from active duty on 21 May 1971 in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Commendation Medal [sic], the Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and two overseas service bars. Item 24 does not show award of the Combat Infantryman Badge. The Vietnam Commendation Medal should actually be the “Vietnam Campaign Medal with Device (1960)." 7. Headquarters, 101st Airborne Division, General Orders Number 4871, dated 19 May 1969, show the applicant was awarded the Army Commendation Medal for meritorious achievement from 1 November 1968 to 31 March 1969. 8. Headquarters, 101st Airborne Division, General Orders Number 9437, dated 23 July 1969, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from 1 November 1968 to 30 June 1969. 9. Review of the applicant's records indicates his entitlement to additional awards which are not listed on his DD Form 214. 10. Army Regulation 600-8-22 (Military Awards) 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 military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 11. U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam. This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service. Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.” This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows the 2nd Battalion, 501st Infantry was awarded the Presidential Unit Citation from 10 May 1969 to 21 May 1969 based on Department of the Army General Orders Number 16, dated 1972; the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 15 August 1968 to 14 May 1969 based on Department of the Army General Orders 43, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 18 March 1968 to 2 May 1970 based on Department of the Army General Orders Number 48, dated 1971. 13. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase V, from 1 July 1968 to 1 November 1968, the Vietnam Counteroffensive, Phase VI, from 2 November 1968 to 22 February 1969, the TET 69 Counteroffensive, from 23 February 1969 to 8 June 1969; and the Vietnam Summer-Fall 1969, from 9 June 1969 to 31 October 1969, campaigns during his tour of duty in the Republic of Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 14. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. Ratings of "Unknown" for portions of the period under consideration are not disqualifying. Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge. 2. The applicant held a qualifying infantry MOS and he was assigned to Company D “Delta Raiders,” 2nd Battalion, 501st Infantry, 101st Airborne Division. The applicant’s unit saw extensive combat during his tenure from October 1968 to October 1969. The applicant was one of many Soldiers who were awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force for an 8-month period, during which the unit participated in the Battle of Hamburger Hill. The available evidence is sufficient proof the applicant actually held an infantry MOS, and that he participated in active ground combat while assigned to an infantry unit. Therefore, his DD Form 214 should be corrected to show award of the Combat Infantryman Badge. 3. General orders awarded the applicant the Army Commendation Medal and the Bronze Star Medal which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards. 4. General Orders awarded the applicant’s unit the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 5. The evidence of record shows the applicant was awarded the Vietnam Service Medal. Additionally, his records show he participated in four campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show award of four bronze service stars to be affixed to his Vietnam Service Medal. 6. The evidence of record confirms that the applicant served honorably during the period 22 May 1968 through 21 May 1971. He received "excellent" conduct and efficiency ratings throughout his military service, attained the rank of SGT/ E-5, and was awarded multiple awards. Lacking any derogatory information on file that would have disqualified him, it is appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award. 7. The applicant's Vietnam Campaign Medal is incorrectly listed on his DD Form 214 as the Vietnam Commendation Medal. Therefore, his DD Form 214 should be corrected to show the proper award of the Republic of Vietnam Campaign Medal with Device 1960. 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 the applicant the Combat Infantryman Badge; b. awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 22 May 1968 through 21 May 1971; c. deleting the entry "Vietnam Commendation Medal" from item 24 of his DD Form 214; and d. adding to his DD Form 214 the Combat Infantryman Badge, the Good Conduct Medal (1st Award), the Army Commendation Medal, the Bronze Star Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Campaign Medal with Device 1960, and four bronze service stars to be worn on his already-awarded Vietnam Service Medal. _______ _ XXX _______ ___ 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) AR20090004290 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090004290 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1