BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100029319 


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 he served in a combat unit and was wounded by enemy action.

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 13 February 1969.  His records show he completed the training requirements and he was awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.
3.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he served in the Republic of Vietnam (RVN) from 4 May to 18 November 1970.  

4.  On 10 June 1971, the applicant was permanently retired by reason of physical disability after completing 2 years, 3 months, and 28 days of total active service.  The DD Form 214 he was issued does not include the CIB in the list of awards listed in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  The DD Form 214 lists the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* 1 Overseas Bar
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge (M-14) Rifle

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 38 (Record of Assignments), shows he was assigned to Headquarters and Headquarters Company (HHC), 173rd Airborne Brigade, performing duties in MOS 11B as a senior rifleman.  The applicant's record also contains a copy of reassignment orders which assigned him to Company N (Ranger), 75th Infantry Regiment, effective 7 October 1970.  Item 38 of his DA Form 20 further shows he received “excellent” conduct and efficiency ratings at all of his active duty assignments.  

6.  Item 40 (Wounds) of the DA Form 20 contains an entry that indicates the applicant had multiple fragment wounds to his chest, left leg, left side, head, frontal lobe, and sagital sinus on 22 October 1970.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a USARV Form 130 (U.S. Army Vietnam Casualty Report Format) which shows he sustained wounds to his chest, left leg, left side, head, frontal lobe, and sagital sinus on 22 October 1970 while on a Ranger operation.  

7.  The CIB is not included in the list of awards contained in item 41 (Awards and Decorations) of his DA Form 20 and the applicant's MPRJ is void of orders or any other documents which indicate he was recommended for or awarded the CIB during his active duty tenure.

8.  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 (Awards and Decorations) states 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.

9.  Army Regulation 600-8-22 provides that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

10.  U.S. Army Vietnam Regulation 672-1 also stated that criteria for award of the CIB identified the man who trained, lived, and fought as an infantryman and that the CIB was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the CIB was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

11.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Department of the Army General Orders (DAGO) Number 51, dated 1971, awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 February 1969 through 26 September 1970.

14.  Department of the Army Pamphlet 672-3 shows that during his assignment to Company N (Ranger), 75th Infantry Regiment, his unit was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period      15 April 1969 through 16 March 1971 by DAGO Number 5, dated 1973.
15.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal (VSM).  It states that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  Appendix B shows that during his service in the RVN, the applicant participated in the following two campaigns:

* DA Sanctuary Counteroffensive (1 May 1970-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the CIB has been carefully considered and is found to have merit.  By regulation, an individual must meet three basic requirements for award of the CIB.  The individual must have held an infantry MOS; served with a qualifying infantry unit of brigade, regimental, or smaller size; and must have been personally present and participated while the unit was actively engaged in ground combat with enemy forces.  The available evidence shows the applicant met these requirements.  Therefore, his DD Form 214 should be corrected to show this badge.

2.  The available evidence confirms the applicant was wounded in action in the RVN on 22 October 1970, as evidenced by entries in item 40 of his DA Form 20 and on the USARV Form 130.  Therefore, it would be appropriate to award him the PH and correct his DD Form 214 to show this award.

3.  The available evidence shows the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 13 February 1969 through 10 June 1971 and to correct his DD Form 214 to show this award.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the 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.

5.  The applicant participated in two campaigns during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.



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.  awarding him the CIB for action on 22 October 1970; 

	b.  awarding him the PH for wounds received in action on 22 October 1970; 

	c.  awarding him the AGCM (1st Award) for the period 13 February 1969 through 10 June 1971;

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

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

* CIB
* PH
* AGCM (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* VSM with two bronze service stars




      _______ _ 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)                                         AR20100029319



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ABCMR Record of Proceedings (cont)                                         AR20100029319



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