IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100001068 


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 (CIB).

2.  The applicant states he was wounded in Vietnam.  He states he was hit by a mortar round while assisting with the loading of their wounded into their Army Personnel Carrier when they "got hit" by the enemy on the 19th of August 1968.

3.  The applicant provides his DD Form 214 and General Orders Number 188.

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's military records show he enlisted in the Regular Army on 30 October 1967.  He completed initial entry training and was awarded the military occupational specialty (MOS) 11B (light weapons infantryman).  The highest grade he held was pay grade E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he qualified as marksman with both the M-16 rifle and with the M-60 machine gun in February 1968.

4.  The applicant's DA Form 20 shows he performed duties as a machine gunner while he was assigned to Company B, 1st Battalion, 5th Infantry (Mechanized) in Vietnam during the period 25 April 1968 to 14 September 1968.

5.  Item 40 (Wounds) of the applicant's DA Form 20 shows he received fragmentation wounds to his right arm, left leg, and right hip on 19 August 1968.

6.  Headquarters, 12th Evacuation Hospital (Semimobile), General Orders Number 188, dated 20 August 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force.

7.  The applicant was honorably released from active duty on 29 October 1969 and was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years of creditable active service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Purple Heart, National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.

9.  The available records are void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority.

10.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the following campaigns:
  
* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the:

	a.  Presidential Unit Citation based on Department of the Army General Orders (DAGO) Number 82, dated 1969;

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 48, dated 1971; and 

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 9, dated 1979.

13.  Army Regulation 600-8-22 states the CIB 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) states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  There is no specific evidence in the applicant's records showing he was personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with enemy forces.  However, based on the fact he received fragmentation wounds on the same date that he states he was hit by a mortar round when his unit was hit by the enemy and that his unit was cited for the Presidential Unit Citation for that same time period, the preponderance of evidence indicates he was personally engaged in active ground combat with enemy forces; and is therefore eligible for award of the CIB.  As such, it would be appropriate to add this badge to his DD Form 214.

2.  The applicant's records show he was awarded the Vietnam Service Medal and that he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is authorized the Vietnam Service Medal with two bronze service stars and is entitled to have this added to his DD Form 214.

3.  General orders awarded the applicant's unit the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  The applicant's DA Form 20 shows he qualified as marksman with the M-16 rifle and M-60 machine gun.  As such, he is entitled to have the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar and Marksman Marksmanship Qualification Badge with Machine Gun (M-60) Bar entered on his DD Form 214.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting from item 24 the Vietnam Service Medal; and

	b.  adding the Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Marksman Marksmanship Qualification Badge with Rifle 


(M-16) Bar and Marksman Marksmanship Qualification Badge with Machine Gun (M-60) Bar.



      ____________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)                                         AR20100001068



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)