IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006763 


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 award of the Combat Infantryman Badge (CIB).

2.  He states that he served as an infantryman in the Republic of Vietnam (RVN) and he was awarded the CIB and the Purple Heart for wounds he received in action as an infantryman.

3.  He 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 8 July 1966. He successfully completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  He arrived in the RVN on 19 December 1966 and was assigned to
Company C, 2nd Battalion, 1st Infantry, 196th Light Infantry Brigade on
3 January 1967 where he performed duties as an ammunition bearer in MOS 11B.

4.  On 22 February 1967, he received gunshot wounds from hostile forces and he was hospitalized and awarded the Purple Heart.  On 11 March 1967, he departed the RVN and he was assigned to the Medical Holding Company (MHC), U.S. Army Hospital, Ryukyu Islands.  On 9 May 1967, he was assigned to MHC, Valley Forge General Hospital, Phoenixville, PA.

5.  General Orders Number 41, issued by the Valley Forge General Hospital, dated 19 June 1967, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on
22 February 1967.

6.  On 5 July 1968, he was honorably released from active duty after completing 1 year, 11 months, 28 days of total active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  There are no orders in his service personnel record awarding him the CIB. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the CIB.

9.  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 

military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

10.  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 Vietnam Counteroffensive Phase II (1 July 1966 - 
31 May 1967) campaign.

11.  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.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 he was awarded the CIB was carefully considered and determined to have merit.  Records show he was wounded as a result of hostile action while assigned to C Company, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, serving as an ammunition bearer in an infantry MOS duty position.  It is presumed he met the eligibility criteria for award of the CIB.  Therefore, his DD Form 214 should be corrected to show the CIB.

2.  All units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his service in the RVN.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The applicant participated in one campaign phase while serving in the RVN.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

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, and

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

* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge



      ___________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)                                         AR20110006763



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ABCMR Record of Proceedings (cont)                                         AR20110006763



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