IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110019437
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 to be awarded the Combat Infantryman Badge (CIB).
2. He states he served in Vietnam in military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was awarded the Purple Heart for injuries sustained in combat and as a result, he earned the CIB.
3. He provides:
* His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* A DA Form 20 (Enlisted Qualification Record)
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 on 29 January 1968. After completion of training, he was awarded MOS 11B.
3. His DA Form 20 shows the following:
* item 31 (Foreign Service) - he served in the Republic of Vietnam (RVN) from 28 June 1968 to 28 June 1969
* item 38 (Record of Assignments) he was assigned to Company A, 2nd Battalion, 27th Infantry, serving in MOS 11B as a rifleman
* Item 40 (Wounds) he received fragment wounds to his back on
17 September 1968
4. The applicant's record contains a message, dated 18 September 1968. This document shows that on 17 September 1968, while enroute to ambush an enemy location, he was hit by fragments from a hostile mine.
5. On 28 January 1970, he was released from active duty after serving 2 years of honorable service. His DD Form 214 shows he received the following awards:
* Bronze Star Medal
* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows that during his assignment to Company A, 2nd Battalion, 27th Infantry Regiment, his unit received the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1January 1966 to 21 January 1970 by Department of the Army General Orders Number 51, dated 1971.
7. Department of the Army Pamphlet 672-3 also lists the campaign periods for the Vietnam era. Five designated campaigns coincide with the applicant's period of service:
* Vietnam Counteroffensive, Phase IV, 2 April 196830 June 1968.
* Vietnam Counteroffensive, Phase V, 1 July 19681 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 196822 February 1969
* TET 69 Counteroffensive, 23 February 19698 June 1969
* Vietnam Summer-Fall 1969, 9 June 196931 October 1969
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states:
a. A bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars.
b. There are basically three requirements for award of the CIB. 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that while serving in an infantry unit in MOS 11B, he was enroute to ambush an enemy site when he was hit with fragments from an enemy mine. As a result, he was awarded the Purple Heart. Therefore, he met the eligibility criteria for award of the CIB, and he is entitled to correction of his DD Form 214 to show this award.
2. General orders awarded his unit the RVN Civil Actions Honor Medal First Class Unit Citation during his tenure in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
3. He participated in five designated campaign phases during his service in Vietnam. Therefore, he is entitled to wear one silver service star on his VSM.
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:
a. awarding him the CIB for actions on 17 September 1968 while serving in Vietnam;
b. deleting the VSM from his DD Form 214; and
c. adding the following awards to his DD Form 214:
* CIB
* VSM with one silver service star
* RVN Civil Actions Honor Medal First Class Unit Citation
_______ _ 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) AR20110019437
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ABCMR Record of Proceedings (cont) AR20110019437
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