IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100011854 


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 served in Vietnam as an infantry officer and received the Purple Heart.  He was assigned to the 1st Battalion, 18th Infantry "Vanguards" (part of the 1st Infantry Division) as an infantry platoon leader in both B and C Companies.  He received a gunshot wound to the head in hostile action on or about 15 August 1969 during combat operations.  He feels his service in a war zone as an infantryman should entitle him to the CIB. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 14 September 1970. 

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 records are not available for review with this case.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record, consisting of a DD Form 214 provided by the applicant, for the Board to conduct a fair and impartial review of this case.

3.  Having had prior service, the applicant's DD Form 214 shows he entered active duty as a second lieutenant on 15 August 1968.  This form also shows he completed the 23-week Infantry Officer Candidate Course at the U.S. Army Infantry School, Fort Benning, GA, in 1968.  

4.  His DD Form 214 further shows he completed 2 years and 1 month of creditable active service during this period, of which 6 months and 11 days was foreign service, and that at the time of his release from active duty he held primary specialty 1542 (Infantry Unit Commander) and his last assignment was the 367th Truck Company, Fort Dix, NJ.  

5.  His DD Form 214 also shows he served in Vietnam from 1 March 1969 to 12 September 1969.  He was honorably released from active duty on 14 September 1970 in the rank/grade of first lieutenant and he was transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation. 

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), 1 overseas service bar, the Purple Heart, and the Bronze Star Medal.

7.  There is no indication in his reconstructed records he was awarded the CIB. 

8.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any CIB orders on file for the applicant; however, the review yielded orders awarding him the Bronze Star Medal.  

9.  Headquarters, 1st Infantry Division, General Orders Number 13978, dated 29 October 1969, awarded him the Bronze Star Medal for meritorious achievement from 1 March 1969 to 20 June 1969

10.  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 MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the CIB to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and the CIB is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the CIB is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the CIB was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

12.  A review of his records indicates his entitlement to additional awards that are not shown on his DD Form 214.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 1st Battalion, 18th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 15 September 1969 to 28 February 1970 based on Department of the Army General Orders (DAGO) Number 2, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 12 July 1965 to 7 April 1970 based on the DAGO Orders Number 53 dated 1970.

14.  Appendix B of Army Regulation 600-8-22 shows he participated in the TET 69 Counteroffensive (23 February to 8 June 1969) and Vietnam Summer - Fall 1969 (9 June to 31 October 1969) campaigns during his tour of duty in Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he held an infantry specialty and was assigned to an infantry unit in Vietnam and was awarded the Purple Heart.  Additionally, his award of the Bronze Star Medal clearly cites him for achievement from 1 March to 20 June 1969 while assigned to an infantry unit.  Therefore, he meets the criteria for award of the CIB and should be awarded the CIB and have his records corrected to show it. 
2.  General Orders show the applicant’s unit was awarded the 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 records.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his 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:

* Awarding him the Combat Infantryman Badge
* Adding to his DD Form 214 the Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal



      _______ _   __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)                                         AR20100011854



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011854



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1