IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110008498
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 the Combat Infantryman Badge.
2. The applicant states he served as an infantryman and he was wounded in action in Vietnam and received the Purple Heart. The Combat Infantryman Badge was left off his records upon departing Vietnam.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* DA Form 20 (Enlisted Qualification Record)
* orders awarding him the Purple Heart
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 11 April 1967 and held military occupational specialties (MOS) 11C (Indirect Fire Crewman) and 11B (Light Weapons Infantryman).
3. He served in Vietnam from on or about 16 September 1967 to on or about 5 January 1968. He was assigned to Company C, 4th Battalion, 39th Infantry, 9th Infantry Division.
4. He was wounded in action on 7 December 1967. He suffered a gunshot wound to his left arm and was initially evacuated to the 71st Evacuation Hospital, Pleiku, Vietnam, and then to the 249th General Hospital, Japan.
5. Headquarters, 71st Evacuation Hospital, General Orders Number 73, dated 8 December 1967, awarded him the Purple Heart for wounds received in action against a hostile force in Vietnam on 7 December 1967.
6. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 10 April 1969. 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 with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* First Class Gunner [Sharpshooter Marksmanship Qualification] Badge with Mortar Bar (81 millimeter)
7. On 18 April 2005, he was issued a DD Form 215 that added awards of the:
* Purple Heart
* Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
8. Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Combat Infantryman Badge.
9. His records do not contain orders that show he was awarded the Combat Infantryman Badge.
10. 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.
DISCUSSION AND CONCLUSIONS:
The applicant was trained in and held an infantry MOS. He was assigned to and serving with an infantry unit when he was wounded in action in connection with military operations against a hostile force in Vietnam. It appears he met the criteria for award of the Combat Infantryman Badge and should have his DD Form 214 corrected to show it.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 Combat Infantryman Badge 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) AR20110008498
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ABCMR Record of Proceedings (cont) AR20110008498
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