IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100028397 


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.  The applicant states:

* The CIB is missing from his DD Form 214 (Report of Transfer of Discharge)
* It was an administrative oversight of the discharge section at Fort Gordon, GA
* He received the Purple Heart and his military occupational specialty (MOS) was 11B (light weapons infantryman)

3.  The applicant provides his DD Form 214. 

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 was inducted into the Army of the United States on 17 May 1966.  He was awarded MOS 11B.  He arrived in Vietnam and he served Company C, 5th Battalion, 60th Infantry, 9th Infantry Division in Vietnam from
1 December 1966 through 27 June 1967 in MOS 11B.  He was then assigned to Headquarters and Headquarters Company, 921st Engineer Group in Vietnam from 28 June 1967 through 30 November 1967.  On 20 May 1968, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 after completing 2 years of creditable service with 4 days of time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart (2nd Award)
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol

4.  There are no orders for the CIB in the available records.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.

6.  General Orders Number 511, issued by Headquarters, 9th Infantry Division, dated 7 April 1967, awarded the applicant the Purple Heart for wounds received in action on 28 March 1967 in Vietnam.  There are no orders for a second award of the Purple Heart in the available records.  

7.  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 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.

8.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

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 5th Battalion, 60th Infantry, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period December 1966 through June 1968 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the CIB in the available records.  However, evidence shows he held and served in an infantry MOS while assigned to an infantry unit in Vietnam.  In addition, he was wounded in action on 29 March 1967 for which he was awarded a Purple Heart.  As such, the award of the Purple Heart is accepted as sufficient evidence to show he participated in active ground combat and met the eligibility criteria for award of the CIB.  Therefore, he should be awarded the CIB and his DD Form 214 should be corrected to show this award.

2.  He participated in two campaign phases during his service in Vietnam.  Therefore he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.


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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Combat Infantry Badge for actions on 29 March 1967; and

	c.  adding to item 24 of his DD Form 214 the:

* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      ____________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)                                         AR20100028397



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ABCMR Record of Proceedings (cont)                                         AR20100028397



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