IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100022176
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 August 1969 to show award of the Combat Infantryman Badge (CIB).
2. He states, in effect, that he was assigned to Company D, 5th Battalion,
7th Cavalry, 1st Cavalry Division and he served as a combat platoon leader while assigned to Vietnam. He was assembling his display case and noted that his CIB was not listed. He provides general orders issuing him the Purple Heart that verify he was assigned to a cavalry unit. He feels due to an oversight he was not awarded the CIB.
3. He provides:
* a DD Form 214
* a DD Form 215 (Correction to DD Form 214)
* General orders awarding him the Purple Heart
* a DA Form 66 (Officer Qualification Record)
* Special Orders Number 140, dated 18 July 1968
* Special Orders Number 339, dated 4 December 1968
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. With prior enlisted service, the applicant was appointed as a U.S. Army Reserve (USAR) commissioned officer in the rank of second lieutenant (2LT)/O-1 on 16 November 1967 in specialty 1542 (infantry unit commander).
3. He arrived in the Vietnam on 20 November 1968 and he was assigned to
Company D, 5th Battalion, 7th Cavalry, 1st Cavalry Division on 20 November 1968 where he performed duties as a rifle platoon leader.
4. General Orders 259, issued by the 24th Evacuation Hospital, dated
11 December 1968, awarded the applicant the Purple Heart for wounds received as a result of hostile action in Vietnam on 10 December 1968.
5. On 27 December 1968, he departed Vietnam and he was assigned to Medical Holding Company, U.S. Army Hospital, Ryukyu Island, Japan. On 8 January 1968, he was assigned to Company D, Defense Language Institute, West Coast (DLIWC), Presidio of Monterey, CA.
6. On 24 October 1969, he was honorably released from active duty and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 3 years and 27 days of total active service.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 24 October 1969, as corrected by a DD Form 215, dated 28 September 2010, shows the:
* Vietnam Service Medal with one bronze service star
* Bronze Star
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
8. There are no orders in his service personnel records awarding him the CIB. Item 41 (Awards and Decorations) of his DA Form 66 does not show award of CIB.
9. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his military records should be corrected to show award of the CIB was carefully considered and determined to have merit.
2. Evidence of record shows he was serving as a rifle platoon leader in an infantry specialty while assigned to a cavalry unit serving in Vietnam. He was also wounded as a result of hostile action as indicated in his Purple Heart order.
It is presumed he met the eligibility criteria for award of the CIB. Therefore, his DD Form 214 should be corrected to show award of the CIB.
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 adding to item 24 of his DD Form 214 the Combat Infantryman Badge.
___________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) AR20100022176
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100022176
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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