IN THE CASE OF:	

		BOARD DATE:	   18 DECEMBER 2008

		DOCKET NUMBER:  AR20080016810 


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 that his 1972 separation document be corrected to reflect award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he received no paperwork for the CIB but believes it was omitted from his separation document when he reenlisted in Vietnam.  He notes he needs confirmation of the badge for his PTSD (post traumatic stress disorder) claim.

3.  The applicant provides copies of newspaper articles supporting his combat participation while in Vietnam.

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 entered active duty as an enlisted Soldier on 13 September 1968.  He was trained as a light weapons infantryman (military occupational specialty (MOS) 11B) and arrived in Vietnam in March 1969 where he was initially assigned to Company D, 2nd Battalion, 27th Infantry as a rifleman.

3.  On 12 May 1969, orders were issued by Headquarters, 25th Infantry Division awarding the applicant the CIB.  That order, which incorrectly awarded the first and second award of the CIB to the applicant, was subsequently amended on 
10 June 1969 to show "first" award only.

4.  On 15 July 1969, the applicant was discharged for the purpose of immediate reenlistment.  He reenlisted for a period of 3 years on 16 July 1969.  

5.  In October 1969, the applicant was reassigned to the United States Army Depot at Cam Rahn Bay in Vietnam where he performed duties in the supply field.  In November 1969, he was reclassified from an infantry specialty to a clerk typist (specialty 71B).

6.  The applicant departed Vietnam in March 1970 and was released from active duty with an honorable characterization of service on 27 July 1972.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Vietnam Service Medal, National Defense Service Medal, Army Commendation Medal, and Vietnam Campaign Medal.  His award of the CIB was omitted from his separation document.

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 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.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in three campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

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 (2nd Battalion, 27th Infantry), to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Order Number 5, dated 1973 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970 by Department of the Army General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded the CIB while in Vietnam.  His separation document should be corrected accordingly.

2.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the previously awarded Vietnam Service Medal.

3.  The evidence also confirms the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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.  showing he was awarded the CIB; and
   
   b.  showing he is entitled to three bronze service stars to be worn on his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




      _______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)                                         AR20080016810



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016810



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1