IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100016514
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 his Combat Infantryman Badge (CIB) and his Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he qualified for the CIB and it was awarded to him, but it was left off his DD Form 214. He adds that he has his BSM citation.
3. The applicant provides his BSM citation.
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 military records show he enlisted in the Regular Army on 27 November 1968, was awarded military occupational specialty (MOS) 11C (indirect fire crewman), served in Vietnam from 5 January 1970 to 13 November 1970, and was promoted to pay grade E-4.
3. While in Vietnam he was assigned to Company E and Company C, 3rd Battalion, 8th Infantry, and was awarded the BSM by General Orders Number 5402, dated 26 October 1970.
4. He was released from active duty on 17 November 1971. His DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, and the Army Commendation Medal.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not list the CIB and his records do not contain orders for the CIB.
6. Army Regulation 600-8-22 (Military Awards) 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.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.
Those periods are: Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970), DA Sanctuary Counteroffensive (1 May 1970 through 30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971).
8. Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to U.S. Army Vietnam from 8 February 1962 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records contained orders for the BSM. As such, it would be appropriate to add that award to his DD Form 214.
2. Based on his assignment in Vietnam, the applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be affixed to his already-authorized Vietnam Service Medal.
3. The applicant's records do not contain orders for the CIB and his DA Form 20 does not show this badge.
4. While the applicant's records confirm he was an infantryman assigned to an infantry unit, there is no evidence to show he served in active ground combat. Without orders or evidence to show his participation in active ground combat, there is insufficient evidence in which to award him the CIB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
___X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ 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 concerned be corrected by amending his DD Form 214 to add the BSM, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-authorized Vietnam Service Medal.
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 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) AR20100016514
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ABCMR Record of Proceedings (cont) AR20100016514
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