IN THE CASE OF:	  

		BOARD DATE:	  6 May 2010

		DOCKET NUMBER:  AR20090018951 


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 reflect award of the Combat Infantryman Badge (CIB).

2.  The applicant states, that he thought that the Overseas Bar (O/S) Bar reflected in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 was in fact the Combat Infantryman Badge.  

3.  The applicant provides the following:

* Two letters of support from previous commander and platoon leader
* A Department of Veterans Affairs (VA) decision rating sheet
* A copy of his DD Form 214
* Copy of General Orders Number 7290, dated 12 December 1967, Headquarters 9th Infantry Division, APO San Francisco which award him the Purple Heart 

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, and 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.  A DD Form 47 (Record of Induction) shows the applicant had prior military service in the United States Marine Corps during the period 3 October 1960 through 4 November 1960 and received an Honorable Discharge.  He was inducted into the Army of the United States on 28 March 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (light weapons infantryman) in September 1967.  On 10 April 1969, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group, St. Louis, MO 63132.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Bronze Star Medal with "V" Device
* Purple Heart
* Army Commendation Medal 
* Overseas Service Bar
* Expert (M14 and M16) First Class Gunner (M60)

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the Republic of Vietnam (RVN) as an infantry rifleman with Headquarters and Headquarters Company, 5th Battalion, 60th Infantry, 9th Infantry Division during the period 20 October 1967 through 13 October 1968.  

5.  Headquarters, 9th Infantry Division, APO San Francisco, General Orders Number 7290, dated 12 December 1967, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force.

6.  Headquarters, 9th Infantry Division, APO San Francisco, General Orders Number 8742, dated 19 September 1968, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.

7.  Headquarters, 9th Infantry Division, APO San Francisco, General Orders Number 9139, dated 24 September 1968, awarded the applicant the Bronze Star Medal for Heroism.  The citation states, "[the applicant's name removed] distinguished himself by valorous actions on 25 February 1968, while serving as a Machine Gunner with Reconnaissance Platoon, 5th Battalion, and 60th Infantry.  While on night patrol near Fire Support Base Jaeger, a numerically superior force launched an attack on the fire support base, [the applicant's name removed] courageously fought his way back to the friendly perimeter.  He continued to bring offensive fire against the enemy although he was wounded as a result of hostile action". 

8.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge 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.  Additionally, Appendix V of USARV 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.

9.  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) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that during the applicant's assignment to Headquarters and Headquarters Company, 9th Infantry Division, his unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 - 22 June 1969 by DAGO 59.

11.  Department of the Army General Orders 8, 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in the RVN to Headquarters, United States Army Vietnam (USARV) and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record be corrected by adding the CIB was carefully considered and is supported by the evidence.

2.  The evidence shows the applicant held an infantry MOS and served as a rifleman and machine gunner in an infantry battalion in the RVN.  Furthermore, the applicant was awarded the Purple Heart and the Bronze Star Medal with "V" Device which clearly show he was directly involved in active ground combat.  Therefore, he is entitled to award of the Combat Infantryman Badge.

3.  Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his records.  He is entitled to correction of his records to show this unit award.

4.  Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  He is entitled to correction of his records to show this unit 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:

a. Awarding him the Combat Infantryman Badge;

b. Adding to his DD Form 214:

* Combat Infantryman Badge 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20090018951





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ABCMR Record of Proceedings (cont)                                         AR20090018951



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