RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070017898 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. Donald L. Lewy

Member

	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 that his records be corrected to show the award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, the award of the CIB was overlooked while he was a patient at Fitzsimons General Hospital in Denver, Colorado.

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.  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 military personnel record shows he enlisted in the Regular Army on 26 September 1968.  He completed the necessary training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served as an 11B (Rifleman) with Company A, 1st Battalion, 2nd Infantry Division in the Republic of Vietnam during the period 11 May 1969 to 2 July 1969.  He was honorably discharged from active duty due to physical disability on 5 October 1970.  He completed 2 years and 10 days of Net Service This Period.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the 

Purple Heart, National Defense Service Medal, Vietnam Service Medal with  
2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars.  However, it does not show the award of the CIB.

5.  His record shows that he was awarded the Purple Heart for wounds he received in connection with military operations against a hostile force on 27 June 1969.

6.  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 (formerly known as the Total Army Personnel 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.

7.  A review of the applicant's records show entitlement to additional awards and decorations not shown on his DD Form 214.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the applicant was separated, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  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.  

9.  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 document shows that Company A, 1st Battalion,  
2nd Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and the Valorous Unit Award, based on Department of the Army General Order Number 53, dated 1970.

10.  Department of the Army Pamphlet 672-3 also shows that all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his record should be corrected to show the award of the CIB.

2.  The evidence shows the applicant was assigned as an 11B Rifleman while assigned to an infantry unit of brigade, regimental, or smaller size.  Additionally, evidence shows he was awarded the Purple Heart for wounds he received in connection with military operations against a hostile force on 27 June 1969.  The evidence clearly shows the applicant was personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.  Therefore, the applicant is entitled to correction of his records to show the CIB.

3.  Records show he is authorized the Army Good Conduct Medal (first award) based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore he is entitled to correction of his records to show this award.

4.  Evidence shows the applicant is authorized the awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.  Therefore, he is entitled to correction of his records to show these awards. 

BOARD VOTE:

__LDS__  __ECP__  __DLL___  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 showing the awards of CIB, Army Good Conduct Medal (first award) for the period 26 September 1968 through 5 October 1970, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.




____Linda D. Simmons__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.