BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110004558 


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 that he was in combat in Vietnam and was awarded the Purple Heart but did not receive the CIB.

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

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 16 July 1970.  He completed basic training at Fort Leonard Wood, Missouri and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman) at Fort Ord, California before being transferred to Vietnam on 5 January 1971. 

3.  He was assigned to Company D, 2d Battalion, 501st Infantry Regiment, 101st Airborne Division for duty as a rifleman.

4.  On 15 April 1971, he was wounded in action when he sustained fragmentation wounds to the right arm.  He was awarded the Purple Heart on 17 April 1971 at the 85th Evacuation Hospital in Qui Nhon, Vietnam.

5.  He was evacuated to a hospital in Okinawa on 22 April 1971 he was evacuated to the hospital at Fort Campbell, Kentucky on 6 May 1971.

6.  On 20 July 1971, he was transferred to Fort Carson, Colorado where he remained until he was honorably released from active duty (REFRAD) on 18 January 1972.  He had served 1 year, 6 months, and 3 days of active service. He was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal with one bronze service star, and Purple Heart.

7.  A review of the applicant's official records failed to show he was awarded the CIB.  However, his records show that he had "excellent" conduct and efficiency ratings throughout his period of service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM). 

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.  

9.  Army Regulation 600-8-22 states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  

10.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the CIB has been noted and appears to have merit.  He was serving as an infantryman in an infantry company when he was wounded as a result of enemy action.  Accordingly, he is entitled to be awarded the CIB effective 15 April 1971 while serving in the rank of private first class (PFC) and to have it added to his 
DD Form 214.  

2.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 16 July 1970 to 18 January 1972 and his DD Form 214 should be corrected to show this award.

3.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served and he is entitled to have this award 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:

* Awarding him the CIB effective 15 April 1971, while serving in the rank of PFC and adding it to his DD Form 214 
* Awarding him the AGCM (1st Award) for the period 16 July 1970 to 
18 January 1972 and adding it to his DD Form 214
* Adding the award of the Republic of Vietnam Gallantry Cross with Palm 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 Korean 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)                                         AR20110004558



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ABCMR Record of Proceedings (cont)                                         AR20110004558



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