IN THE CASE OF:
BOARD DATE: 25 September 2008
DOCKET NUMBER: AR20080012697
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, that the Combat Infantryman Badge (CIB) be added to Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214).
2. The applicant states, in effect, that a DD Form 215 previously issued in 1993 to correct the awards listed on his DD Form 214 did not include the CIB.
3. The applicant provides Army Commendation Medal with "V" (Valor) Device orders, his DD form 214 and a DD Form 214 correction (DD Form 215) in support of his 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 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 applicants record shows he enlisted in the Regular Army and entered active duty on 22 July 1963. He was trained, awarded, and served in MOS 11B (Light Weapons Infantryman).
3. On 5 October 1966, the applicant was honorably released from active duty (REFRAD), in the rank of private/E-2, after completing 3 years, 2 months, and 14 days of active military service. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time contains the entry "NA".
4. On 19 February 1993, the applicant was issued a DD Form 215 that amended his 5 October 1966 DD Form 214 by adding the following awards to Item 26: Purple Heart (PH) 1st Oak Leaf Cluster (2nd Award); Army Commendation Medal (ARCOM) with V Device; Presidential Unit Citation 1st Oak Leaf Cluster (2nd Award); Meritorious Unit Commendation (MUC); Valorous Unit Award (VUA); National Defense Service Medal (NDSM); Vietnam Service Medal (VSM) with 3 bronze service stars; RVN Campaign Medal with Device 1960; RVN Gallantry Cross with Palm Unit Citation; RVN Civil Actions Honor Medal with First Class Unit Citation; and Parachutist Badge.
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Chapter 8 of the award regulations contains guidance on award of combat badges. It states, in pertinent part, that 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 Human Resources Command (HRC) 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.
DISCUSSION AND CONCLUSIONS:
The applicant's claim of entitlement to the CIB has been carefully considered and found to have merit. The evidence of record confirms that while serving in the RVN, the applicant held an infantry MOS, served in a qualifying infantry unit and participated with this qualifying unit while it was engaged in combat action, as evidenced by his twice being wounded in action and his having earned the ARCOM with V Device. As a result, it would be appropriate and serve the interest of justice to add this award to his record and separation document at this time.
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 awarding him the Combat Infantryman Badge; by adding this award to Item 26 of his DD Form 214; and by providing him a correction to his separation document that includes this award.
_______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) AR20080012697
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ABCMR Record of Proceedings (cont) AR20080012697
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