BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100020284 


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 that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states he was a tank crewmember assigned to the 1st Armored Division who was sent to Vietnam and was assigned to Company A, 3rd Battalion, 187th Infantry Regiment, 101st Airborne Division, as an infantryman.  He goes on to state he served as an M60 machine gunner until he was wounded on 20 May 1969 and was medically-evacuated from Vietnam.

3.  The applicant provides:

* a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a copy of his Purple Heart Citation and orders
* a copy of his Air Medal Certificate and Citation
* a letter from his former company commander in Vietnam

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 original service records were not available for review by the Board as it appears his records were purged when he enlisted in the Michigan Army National Guard.  However, the available records show he was inducted into the Army of the United States on 8 March 1968 and he completed his training as an armor crewman in military occupational specialty (MOS) 11E.

3.  He served 3 months and 7 days in Vietnam and he was wounded in action against the enemy on 20 May 1969 while assigned to Company A, 3rd Battalion, 187th Infantry Regiment, 101st Airborne Division.  He was awarded the Purple Heart for that wound by the 85th Evacuation Hospital in Vietnam.  He was credited with participation in two campaigns.

4.  He was subsequently medically-evacuated to Valley Forge General Hospital in Phoenixville, Pennsylvania, where he remained until he was honorably released from active duty (REFRAD) on 15 December 1969.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and his marksmanship badges.

5.  The Purple Heart orders provided by the applicant show he was assigned to Company A, 3rd Battalion, 187th Infantry Regiment, when he was wounded.

6.  Orders for his award of the Air Medal are not present in the available records and a search of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Air Medal pertaining to the applicant.  However, the Air Medal Certificate and Citation provided by the applicant show he was awarded the Air Medal for meritorious service on 26 April 1969.

7.  The letter provided by the applicant's former commander, now a retired colonel, indicates the applicant served as an infantryman with his unit in combat and that the applicant was awarded a variety of awards.  He goes on to state he was unaware that the applicant had not been reclassified to an infantry MOS and he accepts responsibility for that oversight.  He further states it was not uncommon for Soldiers with an MOS other than 11B to be assigned to his unit and he normally would reclassify them to MOS 11B.  He also states the applicant was serving as an infantryman in combat with his unit when he was wounded during the battle known as Hamburger Hill on 20 May 1969.  He closes by stating the applicant should not be denied award of the CIB simply because of an administrative oversight when he fought as an infantryman in an infantry unit.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states 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.

9.  Army Regulation 600-8-22 provides for the wear of a bronze service star on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant did not possess MOS 11B at the time, the evidence provided by the applicant clearly shows that had the commander known as much at the time, he would have awarded the applicant MOS 11B to coincide with the performance of his duties as an infantryman in an infantry company in Vietnam.

2.  The circumstances in this case conform to the spirit and intent of Army Regulation 600-8-2 as it pertains to award of the CIB.  Accordingly, he should be awarded the CIB effective 20 May 1969, the day he was wounded in Vietnam while serving in an infantry company in the rank of private first class (PFC).

3.  The applicant provided orders awarding him the Purple Heart and this award should be added to his records.

4.  While the applicant has not provided orders for the award of the Air Medal, it is reasonable to presume his Air Medal Certificate and Citation are authentic.  Therefore, this award should be added to his records.

5.  The applicant is eligible to wear two bronze service stars on his already-awarded Vietnam Service Medal and his DD Form 214 should be amended to reflect this.

6.  Additionally, his unit was awarded the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and he is thus entitled to have these awards added to his records.

BOARD VOTE:

__x_____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the CIB effective 20 May 1969 while serving in the rank of PFC
* amending his DD Form 214 to add the Purple Heart, the Air Medal, the CIB, the Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his Vietnam Service Medal

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  


The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20100020284



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ABCMR Record of Proceedings (cont)                                         AR20100020284



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