IN THE CASE OF:	  

		BOARD DATE:	  28 April 2010

		DOCKET NUMBER:  AR20100025410 


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 to be awarded the Combat Infantryman Badge (CIB).

2.  He states he was assigned to Company A, 2nd Battalion, 60th Infantry Regiment, in Vietnam in 1968 and served in combat; however, he was not awarded the CIB.

3.  He provides:

* a self-authored statement
* three DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge)
* his DA Form 20 (Enlisted Qualification Record)
* general orders awarding the Purple Heart (PH)
* an affidavit in support of awarding the CIB
* a letter from the National Personnel Records Center (NPRC)

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.  His military personnel records show he enlisted in the Regular Army on 19 April 1964 for 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He reenlisted on 1 December 1966 for a period of 6 years.

3.  His DA Form 20 shows the following:

* item 31 (Foreign Service) he served two tours of duty in the Republic of Vietnam (RVN) –

* from 28 May 1965 through 31 May 1966
* from 3 April through 20 June 1968

* item 38 (Record of Assignments) –

* on 13 April 1968, he was assigned to Company A, 2nd Battalion, 60th Infantry Regiment, serving in MOS 11B as a squad leader
* he was a patient on 8 June 1968
* he was medically retired on 7 March 1969

* item 41 (Awards and Decorations) –

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* PH
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  He provides a copy of General Orders Number 110 issued by Headquarters, 3rd Field Hospital, on 11 June 1968.  These orders show he was awarded the PH for wounds received in connection with military operations against a hostile force on 8 June 1968.

5.  His Narrative Summary from his medical evaluation board/physical evaluation board action shows he was injured as a result of hostile action when he was hit by enemy small arms fire in the Mekong Delta.

6.  His DD Form 214 shows he was honorably retired and placed on the Temporary Disability Retired List on 7 March 1969.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* AFEM-Vietnam
* NDSM
* RVN Campaign Medal with Device (1960)
* two overseas service bars

7.  A third DD Form 214 shows he was honorably discharged on 1 November 1976 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) for physical disability with severance pay.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* NDSM
* PH
* AFEM
* VSM with three bronze service stars
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal (2nd Award)

8.  A review 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 awarding him the CIB.

9.  He provided an affidavit from Mr. W____ M. R____ who states he was the company commander during the period the applicant was assigned to Company A, 2nd Battalion, 60th Infantry Regiment, and he feels the applicant is entitled to the award of the CIB.

10.  He also provided a letter from NPRC, dated 21 September 2010.  This letter outlines the eligibility requirements for award of the CIB.

11.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment to Company A, 2nd Battalion, 60th Infantry Regiment, his unit received the following awards:

* Presidential Unit Citation (PUC) for the period 7 March to 22 June 1968 by Department of the Army General Orders Number 60, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Orders Number 31, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Orders Number 59, dated 1969

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that while serving in combat operations in Vietnam, he served in MOS 11B and in a qualifying infantry unit.  His award of the PH is accepted as sufficient evidence to show he participated in active ground combat; therefore, he met the eligibility criteria for award of the CIB.  As a result, it would be appropriate to award him the CIB and to correct his DD Form 214 to show this award.

2.  General orders awarded his unit the PUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation during his tenure in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  He is entitled to have the following marksmanship qualification badges added to his DD Form 214:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



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 and

	b.  adding the following awards to item 26 of his DD Form 214 for the period ending 1 November 1976:

* CIB
* PUC
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)



      ___________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)                                         AR20100025410



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ABCMR Record of Proceedings (cont)                                         AR20100025410



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