BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110005977
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. The applicant states he was awarded the CIB at a firebase in Vietnam.
3. The applicant provides:
* Three newspaper articles
* 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He was inducted into the Army of the United States on 30 April 1968, awarded military occupational specialty (MOS) 11B, and assigned to Vietnam in this MOS. He served with Company B, 3rd Battalion, 12th Infantry, 4th Infantry Division in Vietnam from 19 November 1968 until he was wounded in action on 12 May 1969 and transferred to Japan on 23 June 1969. He was transferred to the United States on 4 July 1969 for further medical treatment. On 16 February 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Purple Heart, and one Overseas Service Bar as authorized awards. His DD Form 214 shows he was separated from the service with temporary records.
4. There are no orders for the CIB in the available records.
5. Records show he participated in three campaigns during his assignment in Vietnam.
6. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows the 3rd Battalion, 12th Infantry, was cited for award of the:
a. Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 3, dated 1970; and
b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970.
7. He provided a newspaper article which states he was awarded the CIB.
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.
9. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant held and served in an infantry MOS and he was assigned to an infantry company in Vietnam. In addition, he was wounded in action. Therefore, there is sufficient evidence on which to add the Combat Infantryman Badge to his DD Form 214.
2. He participated in three campaigns during his service in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars. His DD Form 214 should be corrected to show these awards.
3. His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit. His DD Form 214 should be corrected to show these unit awards.
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 adding the CIB, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal 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) AR20110005977
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110005977
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002069926C070402
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Evidence of record shows that the applicant was awarded an infantry MOS. Therefore, he is entitled to award of the CIB and correction of his records to show this badge.
ARMY | BCMR | CY2009 | 20090008436
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. Records show that the applicant participated in four campaigns during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service...
ARMY | BCMR | CY2006 | 20060000498C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 OCTOBER 2006 DOCKET NUMBER: AR20060000498 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant's DD Form 214 shows award of the Vietnam Service Medal. Orders verify that the applicant is entitled to correction of his records to show awards of the ARCOM and the Air Medal.
ARMY | BCMR | CY2007 | 20070004770C071029
The applicant requests that he be awarded the Combat Infantryman Badge (CIB) and, in effect, also that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to show he held primary military occupational specialty (MOS) 11B (Light Weapons Infantryman). The War Department received requests to award the CIB to non-infantry individuals and units employed as infantry during tactical emergencies. It is acknowledged that the applicant was awarded primary...
ARMY | BCMR | CY2005 | 20050000410C070206
The applicant requests that his record be corrected to show award of the Combat Infantryman Badge (CIB). There is no evidence that the applicant was awarded an infantry MOS or served in ground combat as an infantryman. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2008 | 20080013045
The applicant submitted a self-authored statement, two notarized statements from two squad leaders, miscellaneous photographs of various Soldiers, copies of his units morning reports, Internet printouts, and radio local news and newspaper articles, which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB. Therefore, there is...
ARMY | BCMR | CY2009 | 20090015751
Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service. The applicant's request that his DD Form 214 be corrected to show the award of the Combat Infantryman Badge is supported by the evidence. Additionally, the DD Form 214 should be amended by deleting the Vietnam Service Medal and adding the following: * Combat Infantryman Badge * Army...
ARMY | BCMR | CY2011 | 20110018380
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Good Conduct Medal, and the Purple Heart. The evidence of record shows he was assigned to an infantry unit during his service in the RVN and the Purple Heart he was awarded for a fragment wound he sustained to his right leg strongly supports his having been...
ARMY | BCMR | CY2013 | 20130006903
The applicant requests award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. His DA Form 20 (Enlisted Qualification Record) shows in: * item 29 (Qualification in Arms), he qualified: * Marksman with the M-14 Rifle and .45 caliber pistol * Second Class Gunner (now called Marksman) with the 81 millimeter mortar * item 38 (Record of Assignments), he was assigned to duty in Vietnam...
ARMY | BCMR | CY2006 | 20060015009
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 April 2007 DOCKET NUMBER: AR20060015009 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of his records to show award of the Combat Infantryman Badge (CIB). Therefore, the Board requests that the CMSD-St. Louis administratively correct the DD Form 214 for the period...