IN THE CASE OF: BOARD DATE: 28 July 2011 DOCKET NUMBER: AR20110001226 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 he clearly earned this award in combat in Vietnam. He was a reconnaissance platoon leader and infantry company commander with D Company, 2d Battalion, 28th Infantry. He was later with the Military Assistance Command (MACV) Advisory Team 46. 3. The applicant provides copies of his DD Form 214 effective 24 April 1972, DD Form 214 effective 4 February 1968, and 3 pages of his DA Form 66 (Officer 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. Following prior enlisted service, the applicant was commissioned in the U.S. Army on 5 February 1968 as an Infantry officer and entered active duty that date. He completed Ranger training and basic airborne training. 3. His DA Form 66 shows in: a. item 17 (Foreign Service) that he served in Vietnam from 28 November 1968 through 13 February 1971. b. item 18 (Record of Assignments) effective: (1) 2 December 1968, he was assigned as a platoon leader in Company D, 2d Battalion, 28th Infantry, 1st Infantry Division. (2) 1 May 1969, he was reassigned as a platoon leader in Combat Support Company, 2d Battalion, 28th Infantry. (3) 22 August 1969, he was reassigned as a service platoon leader in Headquarters and Headquarters Company, 2d Battalion, 28th Infantry. (4) 8 October 1969, he was reassigned a liaison officer in Headquarters and Headquarters Company, 2d Battalion, 28th Infantry. (5) 22 January 1970, he was reassigned as commanding officer, Company D, 2d Battalion, 28th Infantry. (6) 28 February 1970, he was reassigned as a Regional Forces/Popular Forces Assistant Advisor in MACV. (7) 17 March 1970, he was reassigned as a District Senior Advisor in Advisory Team 46. c. item 21 (Awards and Decorations) - the National Defense Service Medal, Good Conduct Medal, Ranger Tab, Parachutist Badge, Vietnam Service Medal, Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal with "V" Device, Air Medal, four Overseas Service Bars, Air Medal (2d Award), Air Medal (3d Award), Army Commendation Medal, Purple Heart (1st Oak Leaf Cluster), Vietnam Armed Forces Honor Medal First Class, Bronze Star Medal (1st Oak Leaf Cluster), Bronze Star Medal (2d Oak Leaf Cluster), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Machinegun Bar, and the Expert Marksmanship Qualification Badge with Pistol Bar. 4. On 24 April 1972, the applicant was released from active duty as a captain. He had completed a total of 5 years, 3 months, and 12 days of creditable active service. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Medals Awarded or Authorized ) of his DD Form 214 lists his awards as the National Defense Service Medal, Ranger Tab, Parachutist Badge, Vietnam Service Medal, Purple Heart with 1 Oak Leaf Cluster, Vietnam Campaign Medal with Device (1960), Bronze Star Medal with "V" Device and 2 Oak Leaf Clusters, Air Medal (3 Awards), Army Commendation Medal, Vietnam Armed Forces Honor Medal, and four Overseas Service Bars. 6. His record contains: a. General Orders Number 9536, Headquarters, 1st Infantry Division, dated 31 August 1969, announcing he was awarded the Bronze Star Medal with "V" Device for action on 4 March 1969. The Reason section states, in part, that "…Lieutenant B____ was serving as a platoon leader with a ready reaction force for an aerial rifle unit which was preparing to assault 40 well fortified enemy bunkers. At approximately 1400 hours, his element joined in the attack as Lieutenant B____ directed his men's suppressive fire on the fanatical insurgents….With complete disregard for this personal safety, Lieutenant B____ was leading his element forward through a vicious fusillade when he was wounded." b. General Orders Number 66, Headquarters, 93d Evacuation Hospital, dated 7 March 1969 awarding him the Purple Heart for wounds received in action on 6 March 1969 and General Orders Number 3073, USMACV, dated 31 May 1970, awarding his the Purple Heart (1st Oak Leaf Cluster) for wounds received in action on 8 May 1970. 7. Army Regulation 600-8-22 (Military Awards) provides 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. 8. U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations), in effect at the time, 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. 9. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign. A silver service star is used in lieu of five bronze service stars. During his service in Vietnam, the applicant participated in the following nine campaigns: * Tet Counteroffensive * Vietnam Counteroffensive Phase IV * Vietnam Counteroffensive Phase V * Vietnam Counteroffensive Phase VI * Tet 69/Counteroffensive * Vietnam Summer - Fall 1969 * Vietnam Winter - Spring 1970 * Sanctuary Counteroffensive * Vietnam Counteroffensive Phase VII 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This pamphlet shows the 2d Battalion, 28th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm for the period 12 July 1965 - 16 October 1968, by Department of the Army General Orders (DAGO) Number 21, dated 1969; and for the period 23 September 1969 - 15 February 1970 by DAGO Number 2, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1967 - 7 April 1970, by DAGO 53, dated 1970. 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 evidence clearly shows that the applicant was awarded an infantry specialty and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. He was awarded the Bronze Star Medal with "V" Device, and he received two awards of the Purple Heart. He qualifies for award of the Combat Infantryman Badge. 3. During the applicant’s assignment to his units in Vietnam, they were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 4. Records show that the applicant participated in nine campaign periods during his service in Vietnam. Therefore, he is entitled to one silver service star and four bronze service stars for wear on his already-awarded Vietnam Service Medal. 5. Records show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Machinegun Bar, and the Expert Marksmanship Qualification Badge with Pistol Bar. 6. His DD Form 214, effective 24 April 1972, should be corrected to show the above awards and badges. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X___ ___X____ 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. deleting from item 24 of his DD Form 214 for the period ending 24 April 1972 the Vietnam Service Medal; b. awarding him the Combat Infantryman Badge, effective 4 March 1969; and c. adding to item 24 of his DD Form 214 for the period ending 24 April 1972 the: * Vietnam Service Medal with one silver service star and four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Machinegun Bar * Expert Marksmanship Qualification Badge with Pistol Bar _______ _ 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) AR20110001226 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1