IN THE CASE OF:
BOARD DATE: 19 August 2010
DOCKET NUMBER: AR20100009359
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) and any other awards to which he is entitled.
2. The applicant states, in effect, that he served as a direct fire infantryman in Vietnam and should have been awarded the CIB.
3. The applicant provides a copy of 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 applicant was inducted with a moral waiver in Detroit, Michigan on 22 January 1969. He successfully completed his training at Fort Dix, New Jersey and was transferred to Vietnam on 23 June 1969 for assignment to the 1st Battalion, 8th Cavalry Regiment, 1st Air Cavalry Division for duty as a direct fire infantryman.
3. He departed Vietnam on 3 July 1970 and was transferred to Fort Riley, Kansas, where he remained until he was honorably released from active duty (REFRAD) on 21 January 1971 due to the expiration of his term of service. He had served 2 years 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, Vietnam Service Medal (VSM), Air Medal and Vietnam Campaign Medal.
4. A review of the available records fail to show the applicant was ever awarded the CIB or that he actually engaged the enemy while serving as an infantryman while assigned to an infantry company.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers, enlisted, and warrant officer personnel who have an infantry military occupational specialty. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
6. 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 and the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation for the period he was assigned to the unit. Additionally, he participated in four campaigns while in Vietnam and thus he is entitled to four bronze service stars for wear on his already awarded VSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant has failed to show through evidence submitted with his application or the evidence of record that he engaged the enemy in combat while assigned to an infantry unit or that he was awarded the CIB. Accordingly, there appears to be no basis to award him the CIB at this time.
2. However, the applicants unit was awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation. Additionally, he participated in four campaigns while in Vietnam and he is entitled to four bronze service stars for wear on his already-awarded VSM.
3. Accordingly, he is entitled to the above awards and to have them added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_____X__ ____X___ ___X____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214: the RVNGC w/Palm Unit Citation, RVNCAHM-FC Unit Citation, and four bronze service stars for wear on his already-awarded VSM.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the CIB.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. 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) AR20100009359
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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