IN THE CASE OF:
BOARD DATE: 26 June 2008
DOCKET NUMBER: AR20080001955
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, in effect, award of the Combat Infantryman Badge.
2. The applicant states he was awarded the Bronze Star Medal for heroism.
3. The applicant provides a letter, dated 9 November 2005, from the National Personnel Records Center; Bronze Star Medal with V Device orders and award certificate; and 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 applicants 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 applicants 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 14 November 1963. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant arrived in Vietnam and was assigned to Company C, 1st Battalion, 5th Infantry, on 19 January 1966 where he performed duties as a machine gunner. He was medically evacuated to Japan on or about 25 February 1966, apparently due to asthma. He returned to his unit on 24 April 1966. He was medically evacuated again, apparently due to asthma, on or about 4 June 1966.
4. The applicant had been credited with participation in one campaign.
5. On 28 July 1966, the applicant was discharged due to disability. His DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar, the National Defense Service Medal, and the Vietnam Service Medal.
6. Headquarters, 25th Infantry Division General Orders Number 120, dated 9 January 1967, awarded the applicant the Bronze Star Medal with V Device for heroism on 14 February 1966.
7. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and who actively participates in such ground combat.
8. Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation. Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.
9. 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 1st Battalion, 5th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order Number 59, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. During the applicants short tour in Vietnam as an infantryman assigned to an infantry unit he was awarded the Bronze Star Medal with V Device. It appears he met the eligibility criteria for award of the Combat Infantryman Badge.
2. The applicant was credited with participation in one campaign while he was in Vietnam; therefore, he is eligible to wear one bronze service star on his Vietnam Service Medal. His DD Form 214 should be amended to reflect this fact.
3. The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award should be added to his DD Form 214.
BOARD VOTE:
___xxx__ ___xx___ __xx____ 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 awarding the applicant the Combat Infantryman Badge effective 14 February 1966; and amending his DD Form 214 to add the Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to show he is eligible to wear one bronze service star on his already-awarded Vietnam Service Medal.
________xxxxxx_________
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) AR20080001955
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ABCMR Record of Proceedings (cont) AR20080001955
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