IN THE CASE OF:	  

		BOARD DATE:	        26 February 2009

		DOCKET NUMBER:  AR20080014136 


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 his Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his CIB was inadvertently omitted from his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, an original copy of an order awarding him the Purple Heart, and a copy of his DA Form 20 (Enlisted Qualification Record).

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 was inducted for a period of 2 years on 30 January 1968.  Upon completion of all required military training, his conduct and efficiency were rated "excellent" and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  Shortly thereafter, he was ordered to Vietnam.

3.  The applicant’s DA Form 20 shows he served in Vietnam from on/about 23 August 1968 until on/about 11 February 1969.  He served with Company C, 4th Battalion, 9th Infantry Regiment (Manchus), 25th Infantry (Tropic Lightning) Division.  He did not receive conduct and efficiency ratings while in Vietnam; however, he was promoted to private first class/E-3 on 27 August 1968.

4.  The applicant’s records show he was wounded in action on 24 November 
1968 in connection with military operations against a hostile force, for which he was awarded the Purple Heart.  He was also awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period August 1968-November 1968.

5.  Following his tour in Vietnam, the applicant returned to the United States and an assignment with Company B, 1st Battalion, 67th Armor, 2nd Armored Division, Fort Hood, TX.  At separation, his commander rated his conduct and efficiency as "good."  He was honorably separated on 16 January 1970.

6.  During the processing of this case, the analyst of record reviewed 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.  This review identified the applicant’s Bronze Star Medal, but failed to reveal any orders awarding the CIB on file for the applicant.

7.  Army Regulation 600-8-22 (Military Awards) provides, 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

8.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods April 1966 through August 1966 and 1 September 1968 to 30 September 1970 by Department of the Army General Orders Number 48, dated 1971, and 5, dated 1973, respectively.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 to 21 January 1970 by Department of the Army General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his already-awarded CIB be added to his DD Form 214.

2.  The criteria for award of the CIB state that only infantry officers and enlisted and warrant officer personnel who have an infantry MOS may qualify, and they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

3.  There are no CIB orders in the applicant’s records or in ADCARS; however, he was a school-trained 11B, he served in an infantry company, and he was awarded the Bronze Star Medal and the Purple Heart for meritorious service and wounds received in connection with military operations against a hostile force.  Given this information, it is presumed he served in active ground combat and was qualified to receive the CIB.  This badge should be added to his DD Form 214.

4.  As stated, the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period August 1968-November 1968.  Therefore, he is entitled to have the Bronze Star Medal added to his DD Form 214.

5.  The applicant is entitled to have certain unit awards added to his DD Form 214.  During his tenure in Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These foreign unit awards 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 adding the Bronze Star Medal, CIB, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.


																XXX
      _________________________
                 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)                                         AR20080014136



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ABCMR Record of Proceedings (cont)                                         AR20080014136



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