BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090009150


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

2.  The applicant states, in effect, that he was awarded and has in his possession the CIB.  He states he was assigned to Company A, 1st Battalion, 35th Infantry, 4th Infantry Division, as an infantryman, military occupational specialty (MOS) 11B, in the Republic of Vietnam from November 1968 to January 1969.

3.  The applicant provides copies of his DD Form 214; DA Form 20 (Enlisted Qualification Record); and General Orders Number 121, dated 13 May 1970, 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 was inducted into the Army of the United States on 5 June 1968.  He successfully completed basic and advanced individual training and was awarded MOS 11B.

3.  Records show the applicant served in the Republic of Vietnam from 3 November 1968 to 24 January 1969.  While in the Republic of Vietnam, he was assigned to Company A, 1st Battalion, 35th Infantry, 4th Infantry Division, as a rifleman and grenadier.

4.  The applicant was honorably released from active duty on 5 June 1970 upon his expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 issued to the applicant shows he completed a total of 1 year, 11 months, and 28 days of active federal service with 2 months and 22 days of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the Purple Heart, the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

6.  The applicant was awarded the Purple Heart for wounds received by a hostile force on 6 January 1969.  Headquarters, 4th Infantry Division, issued General Orders Number 306 announcing this award on 30 January 1969.

7.  A review of the applicant's official military personnel file did not reveal a copy of official orders awarding the applicant the CIB.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the CIB.

9.  As evidence to support his application, the applicant provided a copy of General Orders Number 121, dated 13 May 1970, issued by Headquarters, 6th Armored Cavalry Regiment.  These orders show that he was awarded the Army Good Conduct Medal (1st Award) for his period of service from 5 June 1968 to 4 June 1970.
10.  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 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.

11.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

12.  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 that the unit to which the applicant was assigned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969 by publication of Department of the Army General Order Number 53, dated 1970.  It was also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 14 November 1970 by publication of Department of the Army General Order Number 53, dated 1970.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in the Counteroffensive Phase VI from 2 November 1968 to 22 February 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's infantry MOS, his assignment to an infantry unit, and award of the Purple Heart, the preponderance of evidence shows he was engaged in active ground combat with enemy forces as an infantryman.  As such, the applicant is entitled to award of the CIB.

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

3.  Records show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation during his assignment.  Therefore, he is entitled to correction of his records to show these two unit awards.

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 his DD Form 214 to add the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, and one bronze service star to be affixed to his previously-awarded Vietnam Service Medal.



      ____________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)                                         AR20090009150



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ABCMR Record of Proceedings (cont)                                         AR20090009150



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