DOCKET NUMBER:  AR20090002544 


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 Infantry Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and CIB.

2.  The applicant states, in effect, that he was wounded on 9 March 1969 while serving in the Republic of Vietnam, but his DD Form 214 does not show award of the Purple Heart or the CIB.

3.  The applicant submitted a copy of his DD Form 214 and copies of General Orders Number 2945 and General Orders Number 64 in support of this 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 military records are not available to the ABCMR for review.  However, there are sufficient documents available to consider the applicant's request.

3.  The applicant's available documents show he was inducted into the Army of the United States on 20 October 1967.  He completed training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was sergeant (E-5).

4.  The applicant submitted a copy of General Orders Number 2945, Headquarters, 1st Air Cavalry Division, dated 9 March 1969, which show that the applicant was awarded the Purple Heart for wounds he received in connection with military operations against a hostile force on 9 March 1969 while assigned to the 2nd Battalion, 5th Cavalry Regiment.

5.  The applicant submitted a copy of General Orders Number 64, Headquarters, 12th Evacuation Hospital (Semi-Mobile), dated 10 March 1969, which show that he was awarded the Purple Heart for wounds he received in connection with military operations against a hostile force on 9 March 1969 while assigned to the 2nd Battalion, 5th Cavalry Regiment.

6.  The applicant's name is listed on the Vietnam casualty roster for injuries received while in combat on 9 March 1969.

7.  On 17 October 1969, the applicant was honorably released from active duty after serving for a total of 1 year, 11 months, and 28 days of active duty service.  The DD Form 214 he was issued shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machinegun Bar (M-60).

8.  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.  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.


9.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows that at the time of the applicant’s assignment to the 2nd Battalion, 5th Cavalry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he is entitled to correction of his record to show award of the Purple Heart and the CIB were carefully considered.

2.  General orders show that the applicant was awarded the Purple Heart for wounds received on 9 March 1969.  The Vietnam casualty roster shows that the applicant is listed as wounded in enemy action.  Therefore, his records should be corrected to show award of the Purple Heart.

3.  There is no evidence of record that the applicant was awarded the CIB.  However, the evidence of record does show that the applicant served in an enlisted infantry MOS and was injured in combat while assigned to an infantry unit, the 2nd Battalion, 5th Cavalry Regiment.  Therefore, it would be appropriate to award him the CIB and correct his records to show award of the CIB.

4.  General Orders Number 59, dated 1969, show the 2nd Battalion, 5th Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  This award is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

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 CIB, and amending his DD Form 214 to show award of the Purple Heart, the CIB, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ____________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)                                         AR20090002544



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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