IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150006076 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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this badge and his foreign service in Vietnam. 2. The applicant states his DD Form 214 does not reflect his wartime service in Vietnam from October 1967 until the date he was wounded on 9 January 1968. He was never awarded the Combat Infantryman Badge. He would like to be awarded this badge and have his DD Form 214 corrected to show the badge. 3. The applicant provides his DD Form 214, DA Form 20 (Enlisted Qualification Record), DD Form 4 (Enlistment Record - Armed Forces of the United States), two orders, and a letter from the National Personnel Records Center. 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 enlisted in the Regular Army on 2 February 1967 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). He served in Vietnam while assigned as follows: * 3 October 1967 - 18 February 1968, Company B, 3rd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade * 19 February - 3 June 1968, U.S. Army Hospital (USAH), Vietnam (in a patient status) 3. He departed Vietnam on 4 June 1968 and on or about 10 June 1968 he was assigned in a patient status to the USAH, Fort Devens, MA. 4. He was honorably released from active duty on 6 February 1970 by reason of completion of required active service and he was transferred to the U.S. Army Reserve. 5. The DD Form 214 he was issued shows he was awarded or authorized the: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal 6. Item 30 (Remarks) of his DD Form 214 does not contain an entry that shows he served in Vietnam. 7. His record is void of any evidence that shows he served in active ground combat during his service in Vietnam. There is no medical evidence in his available record that shows he was wounded/injured as a result of hostile action. 8. Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified as sharpshooter with the M-14 and M-16 rifles. Item 40 (Wounds) of this form is blank and a review of the Adjutant General's Office, Casualty Division's Vietnam casualty listing failed to show his name as a casualty. 9. Army Regulation 600-8-22 (Military Awards) states: a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of the applicant’s record shows that during his service in Vietnam he participated in two campaigns during the period he was assigned to the 3rd Battalion, 503rd Infantry. b. The Combat Infantryman Badge is awarded to infantry officers, 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. c. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 10. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 3rd Battalion, 503rd Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 22 October 1967 through 26 September 1970, by DA General Orders (DAGO) Number 51, dated 1971 11. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It stated for item 30, for service in Vietnam, enter the inclusive dates of service in Vietnam (i.e. "Vietnam - 25 April 1970 through 28 May 1971, Indochina-Yes, Korea-No"). DISCUSSION AND CONCLUSIONS: 1. The evidence of records confirms the applicant served in Vietnam from 3 October 1967 to 4 June 1968 which is not reflected in item 30 of his DD Form 214. 2. He served in Vietnam during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) which is not shown on his DD Form 214. 3. During his service in Vietnam, he participated in two campaigns; he is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. His DD Form 214 does not show this unit award. 5. His DA Form 20 confirms he qualified as sharpshooter with the M-14 and M-16 rifles; however, these marksmanship badges are not shown on his DD Form 214. 6. With respect to the Combat Infantryman Badge, 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. While the applicant's service in Vietnam in an infantry MOS is not in question, there is no evidence in his records and he did not provide any evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by: * adding to item 24 the: * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * adding to item 30 the entry "SERVICE IN VIETNAM FROM 19671003 - 19680604, Indochina-Yes, Korea-No" 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Combat Infantryman Badge. _______ _ _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) AR20150006076 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006076 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1