IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110022760
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:
* while stationed with the 1st Infantry Division in Vietnam, they were involved in many firefights with the enemy, one of which caused injury and he was awarded the Purple Heart (PH)
* He served in the Republic of Vietnam (RVN) and feels he is entitled to the CIB
* It bothers him that the CIB is not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
3. The applicant provides a copy of his DD Form 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 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. On 5 January 1967, the applicant was inducted into the Army of the United States. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. He served in the RVN from 30 June 1967 to 30 June 1968, and was assigned
to the following units:
* Company D, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division from 23 August 1967 through 5 February 1968
* Company B, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division from 6 February 1968 through 28 June 1968
4. On 4 February 1968, the applicant's parents were sent a telegram indicating
their son was slightly wounded as a result of hostile action on 2 February 1968.
It further states the applicant was on a combat operation when he engaged a
hostile force in a firefight.
5. On 15 February 1968, General Orders Number 1226, issued by Headquarters, 1st Infantry Division awarded the applicant the PH for wounds received in connection with military operations against a hostile force.
6. His DD Form 214 shows the following awards:
* National Defense Service Medal
* Purple Heart
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with three bronze service stars
7. Item 41 (Decoration and Awards) of the applicants DA Form 20 does not include the CIB in the list of earned awards. Additionally, the applicant's record is void of orders or any other documents that indicate he was ever recommended for or awarded the CIB during his active duty service.
8. 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.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the awards received by units serving in
Vietnam. This pamphlet shows the 2nd Battalion, 18th Infantry, the unit to which
the applicant was assigned, was cited for award of the:
a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
12 July 1965 through 16 October 1968 by Department of the Army General
Orders Number (DAGO) Number 21, dated 1969.
b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for
the period 12 July 1965 through 7 April 1970 by DAGO Number 53, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the CIB to his record and DD Form 214 has been carefully considered and was found to have merit.
2. The evidence of record shows he was serving in an infantry MOS and was
assigned to an infantry unit of brigade, regimental, or smaller size while serving
in the RVN. He was wounded while serving in active ground combat on
2 February 1968. He was awarded the PH for wounds received in
connection with military operations against a hostile force on 15 February 1968. Therefore, there is sufficient evidence upon which to award the applicant the
CIB and to correct his DD Form 214 to show this award.
3. The applicant's 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 period of assignment. Therefore, he is
entitled to correction of his DD Form 214 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 for actions on 2 February 1968; and
b. adding to his DD Form 214 the:
* CIB
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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) AR20110016761
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110022760
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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