IN THE CASE OF:	  

		BOARD DATE:  17 April 2012

		DOCKET NUMBER:  AR20110023888 


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, in effect, award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect,

* The CIB is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* He has met the requirements for the CIB
* The CIB is the one award he would like to display at his death
* He was in the Infantry

3.  The applicant provides no supporting documents.

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 on 8 September 1967.  He completed training and he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 20 February 1968 to 28 June 1968 and participated in two campaigns.  He was assigned to Companies A and B, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division performing duties in MOS 11C as an Infantry Indirect Fire Crewman. 

4.  On 12 June 1968, the applicant’s father was sent a telegram indicating his son was slightly wounded as a result of hostile action on 11 June 1968.  It further states the applicant was on a reconnaissance mission when hit by a fragment from a friendly mortar round directed at known hostile forces.
 
5.  General Orders Number 202, issued by Headquarters, 71st Evacuation Hospital, dated 12 June 1968, awarded him the Purple Heart for wounds received in action.  

6.  On 5 September 1969, the applicant was honorably released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve.  

7.  His DD Form 214 shows:

* National Defense Service Medal
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Mortar Bar
* Vietnam Campaign Medal 
* Vietnam Service Medal 

8.  The CIB is not included in the list of earned awards contained in item 41 (Awards and Decorations) of his DA Form 20.  Additionally, the applicant's Military Personnel Records Jacket is void of orders or any other documents that indicate he was ever recommended for or awarded the CIB during his active duty service.

9.  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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  General Orders Number 33, dated 6 August 1969, issued by Headquarters, Irwin Army Hospital, Fort Riley, Kansas, awarded the applicant the Good Conduct Medal (First Award).

12.  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 1st Battalion, 35th 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 1 August 1967 through 28 July 1969 by Department of the Army General Orders Number (DAGO) Number 38, dated 1970, as amended by DAGO 3, dated 1970.

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 31 October 1969 by DAGO Number 53, dated 1970.

13.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but were wounded as a result of hostile action, captured by hostile forces but later escaped or were rescued or released, or were killed in action or otherwise in line of duty are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

14.  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 evidence of record shows he was serving in an infantry MOS while assigned to an infantry unit of brigade, regimental, or smaller size while serving in Vietnam.  He was wounded while serving in active ground combat on 11 June 1968.  He was awarded the Purple Heart on 12 June 1968 for those wounds.  Therefore, there is sufficient evidence upon which to award the applicant the CIB and to correct his DD Form 214 to show this award.

2.  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.

3.  The applicant served from 20 February 1968 to 28 June 1968 in Vietnam.  The applicant’s records show he was awarded the Republic of Vietnam Campaign Medal.  The applicant is authorized to have the Device (1960) added to his previously-awarded Republic of Vietnam Campaign Medal.

4.  Orders show the applicant was awarded the Army Good Conduct Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The evidence of record shows the applicant participated in two campaigns wile in Vietnam.  He is therefore eligible to wear two bronze service stars on his already-awarded Vietnam Service Medal.

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 Combat Infantryman Badge for actions on 11 June 1968; and

	b.  adding to his DD Form 214:

* Combat Infantryman Badge
* Device (1960) for wear on his previously-awarded Republic of Vietnam Campaign Medal 
* Two bronze service stars for wear on his previously-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Army Good Conduct Medal



      _________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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110023888



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1