IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100012360
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 an infantryman in Vietnam. He was wounded in action and received the Purple Heart, but never received the CIB.
3. The applicant provides no additional documents.
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 into the Army of the United States for 2 years on 20 July 1967. Following Basic Combat Training at Fort Campbell, KY, and Infantry Advanced Individual Training at Fort McClellan, AL, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and sent to Vietnam.
3. The applicant served in Vietnam with Company B, 1st Battalion, 22nd Infantry, 4th Infantry Division from on or about 15 December 1967 to 5 August 1968.
4. Special Orders Number 90, Headquarters, 4th Infantry Division, Vietnam, dated 30 March 1968, awarded the applicant the CIB.
5. The applicant was retired on 13 August 1969 by reason of temporary physical disability. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Good Conduct Medal, the Purple Heart, and the Republic of Vietnam Campaign Medal with 1960 Device.
6. The applicant is entitled to corrections to his DD Form 214 to show other awards and badges omitted from that document.
a. During his training, the applicant qualified with various individual and crew-served weapons. He was awarded the following marksmanship badges:
* Expert Marksmanship Qualification Badge with Machine Gun Bar
(M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
b. The applicant is entitled to wear bronze service stars on his Vietnam Service Medal to represent the following campaigns:
* Counteroffensive, Phase III, 1 June 1967-29 January 1968
* Tet Counteroffensive, 30 January-1 April 1968
* Counteroffensive, Phase IV, 2 April-30 June 1968
* Counteroffensive, Phase V, 1 July-1 November 1968
c. According the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), the applicant's unit was awarded the following unit awards:
* Valorous Unit Award for the period 30 January to 12 February 1968 by Department of the Army General Order Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by Department of the Army General Order Number 54, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by Department of the Army General Order Number 53, dated 1970
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the CIB.
2. The applicant's records contain orders awarding him the CIB. This badge should be added to his DD Form 214.
3. The applicant's DD Form 214 should also be corrected to show:
* Four bronze service stars on his Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
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 issuing him a correction to his DD Form 214 adding:
* CIB
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20100012360
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100012360
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002069926C070402
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Evidence of record shows that the applicant was awarded an infantry MOS. Therefore, he is entitled to award of the CIB and correction of his records to show this badge.
ARMY | BCMR | CY2010 | 20100022332
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Bronze Star Medal (BSM) with "V" Device, Air Medal (2nd Award), Combat Infantryman Badge (CIB), Presidential Unit Citation (PUC), Meritorious Unit Commendation (MUC), and weapons qualification badges. The applicant was not assigned to his unit during the time that unit was awarded the PUC and his unit was not awarded the MUC. As a result, the Board recommends...
ARMY | BCMR | CY2010 | 20100001068
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. Therefore, he is entitled to correction of his records to show these unit awards. 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...
ARMY | BCMR | CY2014 | 20140015281
Therefore, it would be appropriate at this time to award him the CIB and to correct his DD Form 214 to show this award. The evidence also shows he participated in four campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal from his DD Form 214; b. awarding him the Combat Infantryman Badge; and c. adding to his DD Form 214 the: * Bronze Star Medal *...
ARMY | BCMR | CY2010 | 20100018382
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 September 1969 to show award of: * Purple Heart * Combat Infantryman Badge * Army Commendation Medal with "V" Device (1st Oak Leaf Cluster) * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * RVN Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification...
ARMY | BCMR | CY2013 | 20130017020
IN THE CASE OF: BOARD DATE: 29 May 2014 DOCKET NUMBER: AR20130017020 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 600-8-22 provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. 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: *...
ARMY | BCMR | CY2010 | 20100025269
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM) with 1st Oak Leaf Cluster (OLC) and with "V" Device and the Combat Infantryman Badge (CIB). The applicant's DD Form 214 already shows the Vietnam Service Medal (VSM), but it does not reflect his service in four campaigns. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100026364
He provided: * a page from his DA Form 201 (Military Personnel Records Jacket (MPRJ)) * a DA Form 8-274 (Medical Condition Physical Profile Record) * page 4 of his DA Form 20 (Enlisted Qualification Record) CONSIDERATION OF EVIDENCE: 1. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the following awards: * VSM with four bronze service...
ARMY | BCMR | CY2012 | 20120004088
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), Bronze Star Medal (BSM), and any other awards he is authorized. Therefore, his DD Form 214 should be corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the...
ARMY | BCMR | CY2014 | 20140016499
The applicant's record contains: a. The DD Form 214 he was issued at the time shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) * Purple Heart with one oak leaf cluster * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M16) 6. As a result, the Board...