IN THE CASE OF:	  

		BOARD DATE:  6 December 2012

		DOCKET NUMBER:  AR20120009838 


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 the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* The CIB is not listed on his DD Form 214
* He was the reconnaissance commander in the 173rd Airborne Brigade
* He also has two awards of the Bronze Star Medal

3.  The applicant provides:

* Orders for the Bronze Star Medal with "V" Device
* Orders and citation for the Bronze Star Medal
* 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 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 23 June 1966 for a period of 
3 years.  He was awarded military occupational specialty (MOS) 72B (communications center specialist), MOS 11H (infantry direct fire crewman), and later MOS 11C (infantry indirect fire crewman).  He arrived in Vietnam on 
22 March 1968.  He served in MOS 11H and MOS 11C while he was assigned to Company B, 2nd Battalion, 503rd Infantry in Vietnam from 27 March 1968 to 
20 March 1969.  On 23 March 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  

3.  His DD Form 214 shows the:

* National Defense Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960) 
* Vietnam Service Medal 
* Bronze Star Medal
* entry "V/20K" (not an authorized decoration/medal)  
* Air Medal
* Parachutist Badge
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 

4.  There are no orders for the CIB in the available records. 

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the CIB.

6.  Orders, dated 8 January 1969, show he received the Bronze Star Medal with "V" Device for heroism on 24 November 1968 in Vietnam.  

7.  Orders, dated 5 February 1969, show he received the Bronze Star Medal for meritorious achievement for the period 2 April 1968 to 14 January 1969.

8.  Records show he participated in five campaigns during his assignment in Vietnam. 


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, 503rd Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders 51, dated 1971.

10.  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 Regulation 672-1 (Decorations and Awards) provides 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.

11.  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.  A silver service star is authorized in lieu of five bronze service stars.

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 Bronze Star Medal for heroism on 24 November 1968.  Therefore, there is sufficient evidence on which to base adding the CIB to his DD Form 214.

2.  His DD Form 214 shows the Bronze Star Medal as an authorized award.  However, orders show he received two awards of the Bronze Star Medal, one award for valor.  His DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device (2nd Award).   

3.  He participated in five campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one silver service star.  His DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show this unit award.



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 adding the CIB, Bronze Star Medal with "V" Device (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal to 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)                                         AR20120009838





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ABCMR Record of Proceedings (cont)                                         AR20120009838



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