IN THE CASE OF:
BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090014490
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, that he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, that his award of the CIB was omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and it was not until he attended his reunion that he realized it.
3. The applicant provides a copy of his DD Form 214, letters from his commander and squad leader, a copy of his DA Form 20 (Enlisted Qualification Record), a copy of his Purple Heart Certificate and orders, and a copy of his separation orders.
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 on 17 June 1968. He completed his basic training at Fort Leonard Wood, Missouri and was transferred to Fort Ord, California to attend advanced individual training (AIT) as a light weapons infantryman.
3. He completed his AIT and was transferred to Vietnam on 14 November 1968 and was assigned to Company C, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade for duty as a rifleman. He was advanced to the rank of private first class on 16 November 1968.
4. On 21 June 1969, he received fragmentation wounds to the chest, left hand and leg and head while on a search and clear mission and engaged a hostile force in a firefight. He was initially evacuated to the 312th Evacuation Hospital in Chu Lai, South Vietnam, where he was awarded the Purple Heart and then to the 106th General Hospital in Japan.
5. He was subsequently transferred to Fort Leonard Wood, Missouri where he served as a prisoner escort until he was honorably released from active duty (REFRAD) on 17 March 1970 to attend school. He had served 1 year, 9 months, and 1 day of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the Purple Heart.
6. A review of the applicants official records fails to show that he was ever awarded the CIB. However, his records do contain orders showing that he was awarded the Good Conduct Medal (AGCM) on 16 March 1970 and that award was omitted from his DD Form 214. His records also show that he participated in three campaigns in Vietnam.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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 Regulation 600-8-22 provides for the wear of a bronze service star on the appropriate service medal, including the Vietnam Service Medal, for each credited campaign participation.
9. 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 unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation for the period he was assigned to the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant was wounded in action against the enemy while serving as an infantryman assigned to an infantry company in Vietnam on 21 June 1969. Accordingly, he is entitled to be awarded the CIB for that action and it would be in the interest of justice to do so at this time.
2. Additionally, he is also entitled to have his records corrected to show that he was awarded the AGCM, the RVNGC w/Palm Unit Citation and three bronze service stars to be worn on his already awarded VSM.
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 21 June 1969 while serving in the rank of PFC and to add the AGCM, the RVNGC w/Palm Unit Citation and three bronze service stars for wear on his already awarded VSM 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) AR20090014490
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ABCMR Record of Proceedings (cont) AR20090014490
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