IN THE CASE OF:
BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100015006
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. He states he received a Purple Heart and was in combat more than once.
3. He provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and orders for award of the Purple Heart.
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. He was inducted into the Army of the United States on 27 August 1968. At the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. He arrived in the Republic of Vietnam on 20 January 1969 and on 28 January he was assigned to Company C, 4th Battalion, 23rd Infantry, 25th Infantry Division, as a rifleman in duty MOS 11B.
4. His DA Form 20 (Enlisted Qualification Record) does not list the CIB in item 41 (Awards and Decorations). His personnel records do not contain orders which show he was awarded the CIB.
5. General orders published by the 25th Infantry Division on 24 March 1969 awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 23 February 1969.
6. Orders published by the 25th Infantry Division on 13 June 1969 show the applicant was reassigned from Vietnam to the transfer point at Fort Riley, KS, on or about 19 June 1969. During his service in Vietnam he participated in the Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive, and Vietnam Summer-Fall 1969 campaigns.
7. He was released from active duty on 18 July 1969. He completed 10 months and 22 days of active military service.
8. His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.
9. 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 the following awards:
a. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 to 21 January 1970 by Department of the Army General Orders Number 51, dated 1971.
b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Orders Number 5, dated 1973.
10. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.
11. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed training and was awarded MOS 11B. He was assigned to Company C, 4th Battalion, 23rd Infantry, 25th Infantry Division, as a rifleman during his tour of duty in Vietnam. In addition, he was awarded the Purple. Any reasonable doubt that he engaged in actual ground combat should be resolved in his favor. Therefore, he should be awarded the CIB and his DD Form 214 should be amended to show this badge.
2. The applicant was assigned to a unit in Vietnam that was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, these unit awards should be added to his DD Form 214.
3. The applicant's DD Form 214 currently reflects the Vietnam Service Medal. However, he received credit for participation in three campaigns during the Vietnam War. Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his already-awarded 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 the evidence presented is 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;
b. deleting the Vietnam Service Medal from his DD Form 214; and
c. adding the Vietnam Service Medal with three bronze service stars, CIB, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
___________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) AR20100015006
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