RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  01 April 2008
	DOCKET NUMBER:  AR20070018548 


	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:


Mr. Lester Echols

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Larry W. Racster

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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the awards of the Purple Heart, Army Good Conduct Medal, Combat Infantryman Badge (CIB), Vietnam Service Medal, and the Army Service Ribbon. 

2.  The applicant states, in effect, his DD Form 214 should be corrected to add the awards of the Purple Heart, Army Good Conduct Medal, CIB, Vietnam Service Medal, and the Army Service Ribbon.

3.  The applicant provides a copy of his DD Form 214.

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 was inducted into the Army of the United States on 28 February 1968.  He completed the necessary training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 8 October 1969. He completed 1 year, 7 months, and 11 days of Net Service This Period.

4.  Headquarters, 25th Infantry Division Special Orders Number 359 dated  
24 December 1968 shows the applicant was assigned to Company C,  
4th Battalion, 23rd Infantry (Mechanized) in the Republic of Vietnam.



5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal with 1 campaign star, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and Marksman Marksmanship Qualification Badge with Rifle Bars.  

6.  A DD Form 215 (Correction to DD Form 214) was issued on 28 August 2007 to correct the applicant’s record to show award of the Purple Heart, Army Good Conduct Medal, and Army Service Ribbon.  Also, the Vietnam Service Medal with 1 campaign star is already recorded on his DD Form 214.  Therefore, these awards will not be further discussed.

7.  The applicant's military personnel records do not contain any orders for the award of the CIB.

8.  However, a review of the Republic of Vietnam Casualty Roster shows the applicant's name was listed among those wounded.  The applicant's entry contains the injury code "23" which indicates hostile wounded in action not serious hospitalized.  The roster further shows that the applicant sustained these injuries on 29 March 1969.

9.  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 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.  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.

10.  A Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of his DD Form 214.

11.  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 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 and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add the award of the CIB.

2.   The evidence shows the applicant was assigned to Company C, 4th Battalion, 23rd Infantry (Mechanized) as an 11B and his name is listed on the Republic of Vietnam Casualty Roster among those wounded in connection with military operations against a hostile force on 29 March 1969.  It is reasonable to conclude that the applicant was serving with his unit and actively engaged in ground combat with the enemy at the time of his injury.  Therefore, the applicant is entitled to correction of his records to show award of the CIB.

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

BOARD VOTE:

__JRS__  __LE___  __LWR___   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 awards of the CIB, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




___Lester Echols  ___
      CHAIRPERSON