IN THE CASE OF:	  

		BOARD DATE:	    20 October 2011

		DOCKET NUMBER:  AR20110009334 


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 his award of the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states the CIB was not added to his DD Form 214 at the time of release from active duty (REFRAD).

3.  The applicant provides copies of his DD Forms 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 in Harrisburg, Pennsylvania on 14 September 1966.  He completed basic training at Fort Gordon, Georgia and advanced individual training as an infantryman at Fort Lewis, Washington before being transferred to Fort Benning, Georgia to attend Officer Candidate School (OCS).  

3.  On 23 August 1967, he was honorably discharged to accept a commission.

4.  On 24 August 1967, he was commissioned as a United States Army Reserve (USAR) infantry second lieutenant with a concurrent call to active duty.  He was transferred to Fort Gordon for his first duty assignment and remained there until he was transferred to Vietnam on 26 July 1968 for assignment to the 2d Battalion, 2d Infantry Regiment, 1st Infantry Division as an infantry platoon leader. He was promoted to the rank of first lieutenant on 24 August 1968. 

5.  On 28 October 1968, he was awarded the Bronze Star Medal with “V” Device for heroism in connection with military operations against a hostile force on 12 September 1968.  He was subsequently awarded two additional awards of the Bronze Star Medal (BSM) for meritorious service, on 18 December 1968 and 22 July 1969.

6.  On 26 July 1969, he departed Vietnam for assignment to Fort Gordon.  He was promoted to the rank of captain on 24 August 1969 and remained at Fort Gordon until he was honorably REFRAD due to the completion of his active duty commitment and was transferred to the USAR Control Group (Reinforcement).  His DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Vietnam Campaign Medal, Bronze Star Medal with “V” Device and 1 Oak Leaf Cluster (OLC), the Army Commendation Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  A review of the applicant’s official records failed to reveal orders awarding him the CIB.  However, a review of his official photograph shows the applicant wearing a CIB.

8.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  


9.  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 Valorous Unit Award (VUA) and the RVN Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the CIB was omitted from his
DD Form 214 at the time of his REFRAD has been noted and appears to have merit.

2.  Although there are no orders present in the available records, the fact that he was awarded the BSM with “V” Device for heroism on 12 September 1968 was sufficient to justify award of the CIB.  Additionally, the fact that he is wearing the CIB in his official photograph is sufficient evidence to suggest that he was in fact awarded the CIB and that the orders simply did not make it to his records for filing.  Accordingly, the CIB should be added to his records at this time.

3.  The evidence of record also shows the applicant was awarded three awards of the BSM.  Therefore, his records should be corrected to show he was awarded the BSM with “V” Device and 2OLC.

4.  Additionally, his unit was awarded the VUA and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Accordingly, they should be added 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:

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:

* Deleting the entry of the Bronze Star Medal with V Device (1st OLC) from his 23 August 1970 DD Form 214
* Adding the entry “BSM with V Device and 2OLC” to his 23 August 1970 DD Form 214
* Adding the awards of the CIB, VUA, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his 23 August 1970 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 Vietnam 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)                                         AR20110009334



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ABCMR Record of Proceedings (cont)                                         AR20110009334



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