IN THE CASE OF:	  

		BOARD DATE:	  26 May 2011

		DOCKET NUMBER:  AR20100028885 


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) to show the Combat Infantryman Badge (CIB).

2.  The applicant states the CIB was issued in April or May 1969, but no orders were received and the CIB is not listed on the DD Form 214.

3.  The applicant provides orders for award of the Purple Heart.

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 19 February 1968.  Upon completion of initial entry training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  He was subsequently awarded MOS 11B (Light Weapons Infantryman).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 14 January 1969 to 23 August 1969 and in the Republic of Korea (ROK) from 24 August 1969 to 26 January 1970.  Item 38 (Record of Assignments) shows he was assigned to Company A, 1st Battalion, 11th Infantry, while in the RVN.

4.  Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, NC, Special Orders Number 100, dated 9 April 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  Headquarters, U.S. Army School/Training Center and Fort McClellan, Fort McClellan, AL, Special Orders Number 137, dated 5 June 1968, awarded him the Expert Marksmanship Qualification Badge with Mortar Bar.

6.  His official military personnel file (OMPF) contains a document that indicates he was hit by fragments from a hostile mortar round while on a combat operation on 28 March 1969.

7.  He was released from active duty on 31 January 1970.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:

* National Defense Service Medal
* Purple Heart (2nd Award)
* Armed Forces Expeditionary Medal
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Pistol Bar
* one overseas service bar

8.  He was issued a DD Form 215 (Correction to DD Form 214), dated 3 June 1970, which corrected item 24 of his DD Form 214 by adding the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).

9.  There are no orders or any other evidence in his OMPF showing he was recommended for or awarded the CIB.

10.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973.  No orders pertaining to the applicant were found in ADCARS.

11.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  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.

	b.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the ROK.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

12.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the CIB has been carefully reviewed.

2.  He held an infantry MOS; he was assigned to an infantry unit of brigade, regimental, or smaller size while in the RVN; and he was awarded the Purple Heart for wounds sustained as a result of a hostile mortar attack while conducting combat operations.  Therefore, he met the criteria for award of the CIB and this award should be added to his DD Form 214.

3.  Based on his service in the ROK from 24 August 1969 to 26 January 1970, he is eligible for the KDSM.  This award should be added to his DD Form 214.

4.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Mortar Bar.  These badges should also be added to his DD Form 214.

5.  DAGO Number 8, dated 1974, awarded the RVN Gallantry Cross with Palm Unit Citation to all units that served in the RVN.  Therefore, his DD Form 214 should be further corrected to show this unit award.

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 Combat Infantryman Badge effective 28 March 1969 and

	b.  adding the KDSM, RVN Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Mortar Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar to item 24 of his DD Form 214.



      ____________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)                                         AR20100028885



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ABCMR Record of Proceedings (cont)                                         AR20100028885



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