IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080011649
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 records to show award of the Combat Infantryman Badge.
2. The applicant states, in effect, that he served as an infantryman in Vietnam. He further states that he was wounded and received the Purple Heart. He continues that he did not receive the Combat Infantryman Badge.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 14 May 1970.
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 was inducted in the Army of the United States on 15 May 1968 and successfully completed basic and advanced individual training. He was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman). The applicant was later awarded MOS 11B (Light Weapons Infantryman).
3. The applicant arrived in Vietnam and was assigned to B Company, 3rd Battalion, 21st Infantry, 196th Infantry Brigade on or about 28 October 1968 where he performed duties as an indirect fire infantryman. He departed Vietnam on or about 14 March 1969 after being credited with participating in two campaigns.
4. On 14 May 1970, the applicant was honorably released from active duty after completing 2 years of creditable active service.
5. The applicant's DD form 214 with the ending period of 14 May 1970 shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the Purple Heart, the Army Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
6. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.
7. 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 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 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.
8. Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units.
during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.
9. Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. Records show that the applicant was awarded the Purple Heart while assigned to B Company, 3rd Battalion, 21st Infantry, 196th Infantry Brigade while serving as an indirect fire infantryman. He is therefore eligible for award of the Combat Infantryman Badge.
2. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 should be amended to add this award.
3. The applicant met the eligibility criteria for award of two bronze service stars to be worn on his already-awarded Vietnam Service Medal. This award should be added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xx____ __xx____ __xx____ 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 the applicant the Combat Infantryman Badge; and
b. amending his DD Form 214 to add the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be worn on his already-awarded Vietnam Service Medal.
_________xxxx_________
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.
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