IN THE CASE OF:
BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090011480
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 he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that he was wounded in a firefight in Vietnam while serving as an infantryman in an infantry company and was subsequently awarded the Purple Heart and the Army Commendation Medal (ARCOM) with "V" Device for the same action; however, he was never awarded the CIB.
3. The applicant provides no additional documents with 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 enlisted in the Regular Army in Houston, Texas, on 29 June 1965 for a period of 3 years. He completed all of his training at Fort Polk, Louisiana, and was transferred to Vietnam on 8 June 1966 for assignment to Company C, 2d Battalion, 18th Infantry Regiment, for duty as a light weapons infantryman.
3. On 30 June 1966, the applicant was wounded in action and received shrapnel wounds to his face, chest, and right leg. He was awarded the Purple Heart for those wounds on 26 August 1966. The applicant was also awarded the ARCOM with "V" Device for the same operation.
4. The applicant was medically evacuated to the 106th General Hospital in Japan for further treatment and was subsequently assigned to Okinawa on 7 September 1966. He was promoted to the rank of sergeant on 19 September 1967 and remained in Okinawa until 28 September 1967 when he was transferred to Fort Hood, Texas.
5. On 28 June 1968, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 3 years of total active service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD shows that he was awarded the Vietnam Service Medal with two bronze service stars, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the ARCOM with "V" Device, the Army Good Conduct Medal, the Purple Heart, and his marksmanship badges.
6. A review of the available records failed to show that the applicant was ever awarded the CIB.
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 military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
8. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant's unit was awarded the Meritorious Unit Commendation, the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have been awarded the CIB has been noted and was found to have merit.
2. The applicant served as a light weapons infantryman in an infantry company in Vietnam and engaged the enemy in combat to the extent that he was wounded on 30 June 1966, was awarded the Purple Heart, and received an award for heroism in combat during the same combat operation.
3. Accordingly, it would be in the interest of justice at this time that he be awarded the CIB effective 30 June 1966.
4. Additionally, the evidence of record also shows that his unit was subsequently awarded the Meritorious Unit Commendation, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit. Accordingly, those awards should also be added to his records at this time.
BOARD VOTE:
____x____ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 effective 30 June 1966 and by adding the CIB, the Meritorious Unit Commendation, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20090011480
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ABCMR Record of Proceedings (cont) AR20090011480
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