IN THE CASE OF:
BOARD DATE: 13 NOVEMBER 2008
DOCKET NUMBER: AR20080014039
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, correction of his records to show that he was awarded the Combat Infantryman Badge.
2. The applicant states, in effect, that he was assigned to the 1st Battalion, 327th Infantry Regiment, 101st Airborne Division. He served as a rifleman between the period of December 1965 to March 1966. He was wounded in a firefight in Tuy Hoa, Vietnam.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 April 1987, in support of his request.
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's record shows he was inducted and entered active duty on 8 April 1965. He was trained as a light weapons infantryman, in military occupational specialist (MOS) 11B.
3. The applicant served in Vietnam from 20 December 1965 to 17 February 1966. He was promoted to SP4/E-4 effective 30 August 1966. He served until he was honorably discharged on 9 November 1966, for immediate reenlistment.
4. The applicant's DD Form 214, dated 9 November 1966, does not show the Combat Infantryman Badge as an authorized award.
5. There are no orders in the applicant's military personnel records awarding him the Combat Infantryman Badge.
6. The applicant's DA Form 20 shows he was serving as an infantryman 11B, with Company B, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division, at the time he was wounded and received a Purple Heart.
7. The applicant reenlisted on 10 November 1966. The DD Form 4 (Enlistment Record Armed Forces of the United States), in item 32 (Prior Service), shows he held the MOS 11B.
8. The applicant's records contain a copy of General Orders Number 18, dated 10 February 1966, which awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 7 February 1966, while assigned to 1st Battalion, 37th Infantry Regiment, 101st Airborne Division.
9. The applicant was promoted to master sergeant (MSG/E-8) effective 17 July 1984. He served until he was separated for the purpose of retirement on 30 April 1987. He was placed on the Retired List effective 1 May 1987.
10. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), of his DD Form 214, dated 30 April 1987, shows he was awarded Army Service Ribbon; two Overseas Service Ribbon; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal, with Device (1960); the Parachutist Badge; the National Defense Service Medal; the Drill Sergeant Identification Badge; the NCO Professional Development Ribbon, with numeral 3; the Army Good Conduct Medal, 7th award; the Expert Marksmanship Qualification Badge, with Rifle Bar; the Army Commendation Medal; and the Purple Heart, in effect, for a wound he received during a firefight in Tuy Hoa, Vietnam.
11. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge 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 Total Army Personnel Command [now the 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant held an infantry MOS with Company B, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division. He served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
2. The applicant was awarded a Purple Heart for wounds received in connection with military ground operations against a hostile force on 7 February 1966; therefore, he is entitled to award of the Combat Infantryman Badge and to have it 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 awarding the applicant the Combat Infantryman Badge, and adding this award to his DD Form 214, dated 30 April 1987.
______ _ 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) AR20080014039
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ABCMR Record of Proceedings (cont) AR20080014039
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