IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100028751 


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 an infantryman assigned to an infantry unit in Vietnam when he was shot during combat and should have been awarded the CIB.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 in Charlotte, North Carolina on 15 February 1968.  He completed his basic training at Fort Bragg, North Carolina and his advanced individual training as a light weapons infantryman at Fort McClellan, Alabama before being transferred to Vietnam on 27 July 1968.

3.  He was assigned to Company D, 5th Battalion, 12th Infantry Regiment, 199th Light Infantry Brigade for duty as a rifleman and radio operator (RTO).

4.  On 6 February 1969, while serving in the rank of private first class (PFC), the applicant was wounded in action (fragmentation wounds to left leg).  He was evacuated to the 3rd Field Hospital in Saigon and he was awarded the Purple Heart on 7 February 1969 at the hospital.

5.  On 13 February 1969, he was evacuated to the 106th General Hospital in Yokohama, Japan and he was transferred to Fort Bragg for duty as a light vehicle driver on 5 April 1969.    

6.  On 13 February 1970, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He served 1 year, 11 months, and 29 days of total active service and his DD Form 214 that was issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Vietnam Campaign Medal, Purple Heart and Army Good Conduct Medal.

7.  A review of his records show he served in two campaigns while in Vietnam and there is no evidence that he was awarded the CIB.

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 (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

9.  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 that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit. 

10.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the VSM.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the CIB while in Vietnam has been noted and found to have merit.  He was serving as an infantryman in an infantry unit at the time he was wounded in combat on 6 February 1969.

2.  Accordingly, he should be awarded the CIB effective 6 February 1969 while serving in the rank of PFC.

3.  Additionally, the applicant served in two campaigns while in Vietnam and is entitled to wear two bronze service stars on his already awarded VSM.

4.  Additionally, the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and thus he is entitled to have these awards added to his DD Form 214.

BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

1.  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.  Awarding him the CIB effective 6 February 1969 while serving in the rank of PFC and adding this award to his DD Form 214.

   b.  Deleting the VSM from his DD Form 214.
   
   c.  Adding the VSM with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

2.  The Board wants the applicant and all others to know that 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)                                         AR20100028751



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ABCMR Record of Proceedings (cont)                                         AR20100028751



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