BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110020550
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 served a full year in Vietnam with an infantry company
* he saw a lot of combat
* during his tour he was decorated for valor
3. The applicant provides:
* letter, dated 22 May 2008, from his platoon leader
* DD Form 215 (Correction to DD Form 214)
* Orders for the Army Commendation Medal with "V" Device
* Letter, dated 21 May 2007, from the Department of Veterans Affairs
* 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 18 October 1966 for a period of 3 years. He completed his training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). He served in MOS 11B assigned to Company C, 1st Battalion, 27th Infantry in Vietnam from 7 April 1967 to 23 March 1968. On 17 October 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve 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 with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar
4. There are no orders for the CIB in the available records.
5. Orders, dated 20 June 1967, show he received the Army Commendation Medal with "V" Device for heroism on 16 May 1967 in connection with military operations against a hostile force in Vietnam.
6. He provided a letter, dated 22 May 2008, from his platoon leader at the time in question. He attests:
* He was assigned as first platoon leader in Company C, 1st Battalion, 27th Infantry from early May 1967 to September 1967
* When he joined the unit the applicant was assigned to it
* The applicant should be awarded the CIB
7. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 27th Infantry, was cited for award of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971
8. A DD Form 215, dated 5 October 2006, deleted the Army Commendation Medal and added the Army Commendation Medal with "V" Device to item 24 of his DD Form 214.
9. 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 military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to an infantry company in Vietnam. In addition, he received the Army Commendation Medal with "V" Device for heroism on 16 May 1967 in Vietnam. Therefore, there is sufficient evidence on which to base award of the CIB.
2. His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam. Therefore, 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:
a. awarding him the CIB effective 16 May 1967; and
b. adding the CIB, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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) AR20110020550
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ABCMR Record of Proceedings (cont) AR20110020550
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