RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060010395 


	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.


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	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 served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) with Company A, 4th Battalion, 47th Infantry, 9th Infantry Division. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 17 October 1969.  The application submitted in this case is dated 11 July 2006.

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 limitations 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 was inducted into the Army on 25 October 1967.  He completed basic combat training and advanced individual training (AIT).  At the completion of AIT, he was awarded MOS 11B.

4.  He was assigned to Vietnam on 10 April 1968 with Company A, 4th Battalion, 47th Infantry, 9th Infantry Division as a light weapons infantryman.

5.  The applicant was wounded in action on 30 May 1968 and was awarded the Purple Heart.

6.  The applicant departed Vietnam on 2 August 1968 and was credited with participation in the Vietnam Counteroffensive Phase IV Campaign and the Vietnam Counteroffensive Phase V Campaign.  He was reassigned to Okinawa, Japan on 3 August 1968 and departed on 16 October 1969.

7.  He was released from active duty on 17 October 1969.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Purple Heart, the Vietnam Service Medal, and the Army Good Conduct Medal. 
8.  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 document shows that, at the time of the applicant's assignment to the 4th Battalion, 47th Infantry, 9th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 31, dated 1969.

9.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 4th Battalion, 47th Infantry, 9th Infantry Division, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army General Orders Number 59, dated 1969.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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 has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal 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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded MOS 11B and served as a light weapons infantryman with Company A, 4th Battalion, 47th Infantry, 9th Infantry in active ground combat as evidenced by his award of the Purple Heart during his tour in Vietnam.  Therefore, he has met the requirements for award of the CIB.  

2.  The applicant received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show two bronze service stars for wear on his Vietnam Service Medal.

3.  The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these foreign unit awards should be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 October 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 16 October 1972.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

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 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 CIB, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already awarded Vietnam Service Medal.




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          CHAIRPERSON


INDEX

CASE ID
AR20060010395
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070213
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.
107.0111
2.

3.

4.

5.

6.