IN THE CASE OF:
BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090013081
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge.
2. The applicant states that he served as an infantryman in Vietnam and that he believes he was awarded the Combat Infantryman Badge, but it is missing from his DD Form 214.
3. The applicant provides a copy of his DD Form 214 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 applicants 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 applicants 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 19 March 1969. He was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served in MOS 11B assigned to Company B, 4th Battalion, 21st Infantry, 196th Infantry Brigade, in Vietnam from 26 August 1969 to 14 February 1970. He served in MOS 11B assigned to the Security Guard Detachment in Vietnam from 15 February 1970 to 24 August 1970. On 18 March 1971, the applicant was released from active duty.
3. General Orders Number 11153, Headquarters, Americal Division, dated 28 October 1969, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 27 October 1969.
4. General Orders Number 42, Headquarters, 1st Armored Division, dated 4 March 1971, show the applicant received the Army Good Conduct Medal.
5. The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Purple Heart, and the Marksman Marksmanship Qualification Badge with Machine Gun and Rifle Bars as authorized awards. His DD Form 214 shows the applicant was separated from the service on temporary records and a Soldier's affidavit.
6. There are no orders for the Combat Infantryman Badge in the available records.
7. 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 applicant's unit (4th Battalion, 21st Infantry) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation at the time of his assignment based on Department of the Army General Orders Number 42, dated 1972.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam. He was also wounded in action on 27 October 1969 and awarded the Purple Heart. Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.
2. Orders show the applicant received the Army Good Conduct Medal. Therefore, his DD Form 214 should be corrected to show this medal.
3. The applicant's unit (4th Battalion, 21st Infantry) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned. Therefore, his DD Form 214 should be corrected to show this 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. awarding him the Combat Infantryman Badge effective 27 October 1969 and
b. adding the Combat Infantryman Badge, the Army Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
___________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) AR20090013081
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ABCMR Record of Proceedings (cont) AR20090013081
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