IN THE CASE OF:
BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110013026
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 award of the Combat Infantryman Badge (CIB).
2. The applicant states:
* He should have been awarded the CIB
* He was in Vietnam 60 days from 21 September to 21 November 1969
* He was wounded in action on 21 November 1969
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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. The applicant enlisted in the Regular Army on 31 May 1969 for a period of
3 years. He was awarded military occupational specialty (MOS) 11B (light weapons infantryman) and assigned to Vietnam in this MOS. He served with Company C, 1st Battalion, 11th Infantry Brigade, 5th Infantry Division in Vietnam from 13 October 1969 until he was wounded in action on 16 October 1969 and transferred to Japan on 29 October 1969. He was transferred to the United States on 22 November 1969 for further medical treatment. On 2 November 1971, he was discharged under honorable conditions.
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
* Expert Marksmanship Qualification Badge with Rifle Bar
4. There are no orders for the CIB in the available records.
5. Records show he participated in one campaign during his assignment in Vietnam.
6. 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. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
7. 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.
8. 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 award the CIB.
2. He participated in one campaign during his service in Vietnam which entitles him to award of the Vietnam Service Medal with one bronze service star. His DD Form 214 should be corrected to show these awards.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period and is eligible for this award. His DD Form 214 should be corrected to show this unit award.
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. awarding him the CIB; and
b. adding the CIB, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star for wear on his already-awarded Vietnam Service Medal in 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) AR20110013026
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013026
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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