IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100008720
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states he was in combat for 5 months in Vietnam and was awarded the Purple Heart when he was shot twice through his chest.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 applicants military records show that he was inducted in the Army on 10 April 1967, was awarded the military occupational specialty (MOS) of light weapons infantryman, served in Vietnam from 23 September 1967 to 18 March 1968, and was promoted to pay grade E-4.
3. While in Vietnam, he was assigned as a rifleman, MOS 11B, to Company D, 1st Battalion, 14th Infantry, 4th Infantry Division from 6 October 1967 to sometime in November 1967, then to Company B, 1st Battalion, 35th Infantry, 4th Infantry Division from sometime in November 1967 to 17 March 1968.
4. The applicant's duty status was then changed to patient and he was assigned to a military hospital in the United States.
5. He was honorably released from active duty on 10 April 1969. Item 4 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was issued the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device (1960), Purple Heart, Expert Marksmanship Badge with Rifle Bar (M-14), and One Overseas Bar.
6. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that 1st Battalion, 14th Infantry, 4th Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969 by Department of the Army General Order (DAGO) 53, dated 1970; and 1st Battalion, 35th Infantry, 4th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to 28 July 1969 by DAGO 38,dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969, by DAGO 53, dated 1970.
7. Department of the Army Pamphlet 672-3 also shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal. The periods in which the applicant served in Vietnam are: Counteroffensive Phase III (1 July 1966 through 29 January 1968) and Tet (30 January 1968 through 1 April 1968).
8. 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. Additionally, Appendix V of USARV 672-1 provides 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. The applicant was awarded the MOS of infantryman, he was assigned as a rifleman in an infantry unit, and he was awarded the Purple Heart for wounds incurred while in combat. As such, he met all the criteria for award of the CIB.
2. Based on his assignments in Vietnam, the applicant is also entitled to two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and two bronze service stars to be worn on his already authorized Vietnam Service Medal.
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 CIB; and
b. adding to item 24 of his DD Form 214 the CIB; Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2 awards); Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Vietnam Service Medal with two bronze service stars.
_______ _ _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) AR20100008720
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ABCMR Record of Proceedings (cont) AR20100008720
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