IN THE CASE OF:	  

		BOARD DATE:	  7 May 2009

		DOCKET NUMBER:  AR20090002242 


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, award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he served in the Republic of Vietnam (RVN) and saw and participated in combat.  He also states that he was awarded the Purple Heart (PH) for being wounded in action, but his unit never awarded him the CIB for his service in combat.  

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 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's record shows he was inducted into the Army of the United States and entered active duty on 2 April 1969, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 2 November 1969 through 20 October 1970.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company C and Company E, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade performing duties in MOS 11B as a rifleman and senior scout observer.  Item 40 (Wounds) shows he received multiple fragment wounds to his chest in December 1969, and Item 41 (Awards and Decorations) shows that during his active duty tenure he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), PH, RVN Campaign Medal (RVNCM) with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Machine Gun and Rifle Bars.

4.  The applicant's Official Military Personnel File (OMPF) contains Headquarters, Americal Division General Orders Number 13279, dated 29 December 1969, which awarded the applicant the PH for wounds received in connection with military operations against a hostile force in the RVN on 28 December 1969.

5.  On 1 June 1971, the applicant was honorably released from active duty after completing a total of 1 year, 10 months, and 3 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the VSM with 3 bronze service stars, NDSM, RVNCM, PH, and Sharpshooter Marksmanship Qualification Badge with Machine Gun and Rifle Bars.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 8 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.  

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (4th Battalion, 31st Infantry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention of entitlement to the CIB was carefully considered and found to have merit.  The evidence of record confirms the applicant served in a qualifying infantry MOS (11B) in traditional infantry positions as a rifleman and scout observer and that he served in a qualifying infantry unit of brigade, regimental, or smaller size (31st Infantry Regiment). 

2.  The record further shows that while serving as a rifleman with Company C, 4th Battalion, 31st Infantry Regiment, on 28 December 1969, the applicant was wounded in action which resulted in him being awarded the PH.  Any reasonable doubt concerning whether or not his wounds were received during his personal participation in combat should be resolved in his favor and, absent any evidence that would preclude the award, it would be appropriate to award him the CIB and to add it to his record and DD Form 214 at this time. 

3.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also authorized to wear the RVN Gallantry Cross with Palm Unit Citation which should also be added 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:

a. awarding him the Combat Infantryman Badge; and 

b.  amending Item 24 of his DD Form 214 by deleting the current list of 
awards and replacing it with the entry "National Defense Service Medal, Purple Heart, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Machine Gun and Rifle Bars"; and by providing him a correction to his separation document that includes these changes.




      _______ _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)                                         AR20090002242



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002242


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1