IN THE CASE OF:	  

		BOARD DATE:	  2 October 2008

		DOCKET NUMBER:  AR20080005636 


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 (CIB).

2.  The applicant states, in effect, he was not aware that orders were needed for the CIB.   

3.  The applicant provided a copy of his DD Form 214) in support of this application.

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 DD Form 214 shows that he was inducted into the Army of the United States on 15 August 1968.  The applicant’s DD form 214 shows that he was awarded the (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was Specialist Four (E-4). 

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the RVN from 3 October 1969 to 7 August 1970, and during this tour he was assigned to Company B, 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade performing duties in MOS 11B, Rifleman.

4.  Item 39 (Campaigns) of the applicant's DA Form 20 shows that he participated in an unnamed campaign.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the National Defense Service Medal (NDSM), the Vietnam Service Medal, the RVN Campaign Medal with “60” Device, the Combat Infantryman Badge, the Purple Heart, the Bronze Star Medal, the Army Commendation Medal with 1st Oak Leaf Cluster, two Overseas Service Bars, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  

6.  On 13 August 1970, the applicant was released from active duty with a honorable discharge and transferred to the United States Army Reserve (USAR) after completing a total of 1 year, 11 months, and 29 days of active military service.  

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the CIB.    

8.  The applicant’s record contains Special Order Number 42, Headquarters, Americal Division, APO San Francisco, dated 11 February 1970 that show the applicant was awarded the CIB.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge 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 Combat Infantryman Badge 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 that are not shown on his DD Form 214.

11.  The applicant’s records contain General Order Number 7052, Headquarters, Americal Division, APO San Francisco, dated 25 June 1970 that show he was awarded the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in four campaigns during his service in Vietnam.  It states, in pertinent part, that one bronze service star is authorized for each RVN campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns, and it shows that during his tenure of assignment, the applicant was credited with participating in the Summer-Fall 1969 Campaign, the Vietnam Winter-Spring 1970 Campaign, the DA Sanctuary Counteroffensive Campaign, and the Vietnam Counteroffensive, Phase VII Campaign.

13.  Department of the Army Pamphlet 672-3 shows that, at the time the applicant was assigned to the 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Device, for the period 24 August to 31 December 1969 by Department of the Army General Orders Number 11, dated 1973.

DISCUSSION AND CONCLUSIONS:

1. The applicant's contention that his records should be corrected to show award of the CIB was carefully considered and found to have merit. 

2.  Special Orders Number 42 awarded the applicant the CIB, which is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

3.  General Orders Number 7052 awarded the applicant the Army Commendation Medal with 1st Oak Leaf Cluster.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

4.  The available evidence shows the applicant participated in four campaigns during his service in Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already awarded VSM.



5.  General Orders Number 11, dated 1973, show the 5th Battalion, 46th Infantry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time the applicant was assigned to the unit.  It is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

      a.  deleting the Vietnam Service Medal from his DD Form 214; and

      b.  adding award of the Combat Infantryman Badge, the Army Commendation Medal with 1st Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be worn on the already awarded Vietnam Service Medal.   



                     __________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)                                         AR20080005636



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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