IN THE CASE OF:	  

		BOARD DATE:	       19 August 2008

		DOCKET NUMBER:  AR20080009722


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM), Purple Heart (PH), and the Combat Infantryman Badge (CIB).

2.  The applicant states these items were inadvertently omitted from his DD Form 214.

3.  The applicant provides:

	a.  General Orders Number 8552, Headquarters, 101st Airborne Division (Airmobile), Vietnam, dated 16 August 1971, awarding him the BSM for meritorious service from September 1970 to September 1971.  He also includes the BSM Citation.

	b.  General Orders Number 1936, Headquarters, 1st Infantry Brigade, 5th Infantry Division, dated 25 October 1970, awarding him the PH for wounds received in the Republic of Vietnam on 19 October 1970.  He also includes the PH Certificate.

	c.  DD Form 214 showing award of the National Defense Service Medal, Vietnam Service Medal with 1 bronze service star, Vietnam Campaign Medal with Device (1960), 2 Overseas Service Bars, and the Good Conduct Medal (1st Award).

	d.  A 15 May 2008 letter from the Holmes County (Ohio) Veterans Service Center.

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 enlisted in the Regular Army for 2 years on 29 April 1970.  Following Basic Combat Training at Fort Bragg, NC, he was transferred to Fort Polk, LA for Advanced Individual Training in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  After being awarded his Infantry MOS, he was transferred to Vietnam.

3.  The applicant served in Vietnam from on/about 23 September 1970 to on/about 18 September 1971 as a rifleman assigned to Troop C, 3rd Squadron, 5th Cavalry, 9th Infantry Division.

4.  The applicant has orders awarding him the BSM and the PH.

5.  The applicant's record has a copy of a telegram to his parents informing them that he "...was slightly wounded in action in Vietnam on 19 October 1970 while gunner on a military vehicle enroute to a night defensive position when a mine detonated."

6.  Special Orders 214, Headquarters, US Army Training Center and Fort Polk, Fort Polk, LA, dated 8 August 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (45 Cal.), and the Marksman Marksmanship Qualification Badge with Grenade Bar (M-79).


7.  There are no orders in the applicant's record awarding him the CIB; the CIB is not listed as an authorized award on his DA Form 20 (Enlisted Qualification Record); the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, fails to show the applicant was awarded the CIB.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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 US 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.

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 the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February to 30 April 1971 by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the BSM, PH, and CIB be added to his DD Form 214.

2.  The applicant has orders awarding him the BSM and the PH.  These two decorations should be added to his DD Form 214.

3.  The applicant possessed an infantry MOS and was assigned to a cavalry unit as a rifleman.  On 19 October 1970, he was in a convoy of vehicles moving to establish a night defensive perimeter when a mine detonated and he was injured. This incident is viewed as having occurred during "active ground combat."  Therefore, the applicant has established his entitlement to the CIB.  This should be added to his DD Form 214.

4.  The applicant's record indicates he is entitled to award of the Vietnam Gallantry Cross with Palm Unit Citation.  This foreign award should be added to his DD Form 214.

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

	a.  Awarding him the Combat Infantryman Badge; and

	b.  Correcting his DD Form 214 to show award of the BSM, the PH, the CIB and the Vietnam Gallantry Cross with Palm Unit Citation.




      __________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)                                         AR20080009722



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ABCMR Record of Proceedings (cont)                                         AR20080009722



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