IN THE CASE OF:	  

		BOARD DATE:	    21 June 2011

		DOCKET NUMBER:  AR20100029650 


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:

   a.  he initially held military occupational specialty (MOS) 11B (Light Weapons Infantryman) and served as an infantryman while assigned in Vietnam;
   
   b.  he was never awarded the CIB or the Purple Heart (PH) while in the Army; 
   
   c.  subsequent to his discharge from the Army and while serving in the U.S. Navy, he was forwarded the PH for the wounds he received fighting in the A Shau Valley in Vietnam on 24 April 1969; and
   
   d.  his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) should be corrected to show the CIB.
   
3.  The applicant provides copies of his DD Forms 214 ending on 17 June 1969 and
6 July 1971.

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's record shows he enlisted in the Regular Army on 30 December 1966.  He was trained in and awarded MOS 11B.  Private first class (PFC) is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 24 March through 30 April 1969, and his record shows he was assigned to Packet A, 2nd Squadron, 17th Cavalry Regiment.  Item 41 (Awards and Decorations) does not include the CIB.  It does show he qualified "expert" with the M-16 Rifle.

4.  The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.

5.  The applicant's OMPF contains an official statement from The Adjutant General.  It confirms the applicant's official records show he is entitled to the PH for wounds received in action in Vietnam on 24 April 1969.

6.  On 17 June 1969, the applicant was honorably released from active duty. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal
* Parachutist Badge

7.  During the processing of this case, a member of the Board's staff reviewed the Vietnam Casualty Listing.  This list contains an entry pertaining to the applicant that shows a casualty status code of 23, indicating he was "hostile wounded in action - not serious - hospitalized" on 24 April 1969.

8.  The applicant's OMPF includes a DD Form 215 (Correction to DD Form 214) dated 17 October 1970.  It shows the PH and Army Good Conduct Medal (AGCM) were added to his 17 June 1969 DD Form 214.

9.  The applicant provides a DD Form 214 evidencing his service in the USN during the period 4 September 1969 to 6 July 1971.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  

	a.  Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  

	b.  Chapter 8 of the awards regulation contains guidance on award of combat badges.  It states that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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.  The awards regulation stipulates that combat service alone is not sufficient to support award of the CIB.

	c.  Appendix B of the awards regulation shows that during the applicant’s service in Vietnam, he participated in the TET 69 Counteroffensive campaign.

11.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the awards program in the Army Theater of Operations during the Vietnam conflict.  This regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in cavalry squadrons and regiments.

12.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he earned the CIB while serving in the RVN and that his DD Form 214 should be corrected to show this award.  The evidence of 

record confirms the applicant held an infantry MOS, was assigned to the 2nd Squadron of the 17th Cavalry Regiment, and received the PH for wounds sustained in action while serving in the RVN.  Therefore, he meets the regulatory criteria necessary for award of the CIB, and it would be appropriate to add this award to his DD Form 214 at this time.

2.  The record also confirms that based on his service and campaign participation in the RVN, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar, and a bronze service star to be affixed to the already-awarded Vietnam Service Medal.  Thus, it would also be appropriate to add these awards to his DD Form 214 at this time.

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 Combat Infantryman Badge; and

   b.  amending Item 24 of his DD Form 214 by deleting the current entry and replacing it with the following awards:

* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device 1960
* Parachutist Badge
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

c.  providing him a document that shows the above changes.




      _______ _ 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)                                         AR20100029650



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ABCMR Record of Proceedings (cont)                                         AR20100029650



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