BOARD DATE: 20 October 2010
DOCKET NUMBER: AR20100013147
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, correction of his records to add the Combat Infantryman Badge (CIB) and any other awards he is authorized.
2. The applicant states, his records need to be changed to show the CIB at a minimum.
3. The applicant submits 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 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 show he was inducted into the Army of the United States on 3 November 1970. Item 22 (Military Occupational Specialties (MOS)) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 11B (Light Weapons Infant) on 14 May 1971.
3. Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in the Republic of Vietnam (RVN) from 15 January 1972 through 20 May 1972 in the following duty MOS and principal duty:
* 24 January 1972 23 April 1972 in MOS 11B as a grenadier with
C Company, 1st Battalion, 1st Infantry Regiment, 196th Brigade
* 24 April 1972 19 May 1972 confinement
4. On 14 June 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed a total of 2 years of active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
5. Army Regulation 600-8-22 provides that 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) 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.
6. Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict. Based on the applicant's period of service in Vietnam, he participated in the Consolidation II (1 December 1971- 29 March 1972) and Vietnam Cease Fire (30 March 1972 28 January 1973) campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8 dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant served in an infantry MOS in an infantry unit. However, the evidence does not show that he engaged in active ground combat while serving with his unit. Regrettably, there is insufficient evidence on which to base award of the CIB.
2. General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this unit award.
3. Records show the applicant participated in two campaigns during his service in the RVN. Therefore, he is entitled to two bronze service stars to be worn on his already-awarded Vietnam Service Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_____x___ ___x_____ ___x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___ ____ ____ ___ ___ ____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual be corrected by:
a. deleting the Vietnam Service Medal from item 24 of the applicant's DD Form 214 and
b. adding the Vietnam Service Medal with two bronze service stars and RVN Gallantry Cross with Palm Unit Citation to item 24 of the applicant's DD Form 214.
2. The Board further determined 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.
___________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) AR20100013147
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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