IN THE CASE OF:	  

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110024164 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) to show award of the Combat Infantryman Badge (CIB). 

2.  The applicant states he was awarded the Purple Heart (PH) for wounds received in action on 27 April 1971, in the Republic of Vietnam (RVN), and was not awarded the CIB.

3.  The applicant provides a copy of General Orders Number 95 dated 
27 April 1971, PH Certificate, DD Form 214, and his Certificate of Retirement.

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 enlisted in the Regular Army on 16 January 1970.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN during the period 23 March 1971 through 2 May 1971.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company E, 1st  Battalion, 506th Infantry, performing duties in MOS 11B as an infantryman team leader.

4.  Item 40 (Wounds) of his DA Form 20 shows the applicant was wounded on 
26 April 1971, and received a traumatic partial amputation of the right foot.

5.  On orders dated 27 April 1971, the applicant was awarded the PH for wounds received in action.

6.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the CIB.

7.  On 30 July 1971, the applicant retired by reason of temporary disabilitiy, in the rank of SGT/E-5, after completing 1 year, 6 months, and 15 days of active military service.  The applicant’s DD Form 214 shows he earned the following awards:

* Purple Heart
* Vietnam Service Medal 
* RVN Campaign Medal with 1960 Device
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) 
* Good Conduct Medal

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

9.  Paragraph 8-2 of Army Regulation 600-8-22 (Military Awards) contains guidance on the CIB.  It states in order to award the CIB the member must have held and served in an infantry MOS in an infantry unit of brigade, regimental, or smaller size and been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with 1st Battalion, 506th Infantry, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March 1971 to 9 October 1971 based on Department of the Army General Orders Number 6, dated 1974.

11.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal (VSM).  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in RVN, participation credit was awarded for the Vietnam Counteroffensive, Phase VII campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the CIB has been carefully considered and is found to have merit.  By regulation, there are three basic requirements for the CIB.  The member must have held an infantry MOS; have served with a qualifying infantry unit of brigade, regimental, or smaller size; and must have been personally present and participated while his unit was actively engaged in ground combat with enemy forces.

2.  The evidence shows the applicant held and served in the RVN in an infantry MOS in a qualifying infantry unit.  Based upon his award of the PH indicating wounds received in action, it is presumed that he was present and personally participated when his unit was engaged in active ground combat with enemy forces.  Therefore, based on the foregoing it would be appropriate to award him the CIB.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

4.  He was awarded the Vietnam Service Medal.  He participated in one campaign while serving in the RVN; therefore, he is entitled to one bronze service star to be affixed to 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 the applicant the CIB for action on 26 April 1971, and

	b.  adding the following awards to his DD Form 214:

* CIB
* RVN Gallantry Cross with Palm Unit Citation
* one bronze service star to be affixed to his already-awarded Vietnam Service 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)                                         AR20110024164



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1