IN THE CASE OF:
BOARD DATE: 24 October 2013
DOCKET NUMBER: AR20130004036
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 Transfer or Discharge) to show he was awarded the Combat Infantryman Badge (CIB).
2. The applicant states he was awarded the CIB and it is not shown on his DD Form 214.
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 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 on 25 February 1969. He completed training as a light weapons infantryman.
3. He arrived in Vietnam on 26 July 1969 and he was assigned to Company C, 1st Battalion, 20th Infantry, 11th Infantry Brigade. He participated in the following four campaigns:
* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969
* Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970
* Vietnam Counteroffensive, Phase VII Campaign, which extended from 1 July 1970 through 30 June 1971
4. The applicant departed Vietnam en-route to the United States (U.S.) on 25 July 1970. He was honorably released from active duty on 24 February 1971. His DD Form 214 shows the following awards:
* Purple Heart (First Oak Leaf Cluster)
* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Good Conduct Medal (First Award)
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge (Rifle M-16)
* Expert Marksmanship Qualification Badge (Rifle M-14)
* Expert Marksmanship Qualification Badge with Grenade Bar
5. Review of the applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), does not contain orders awarding him the CIB.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the CIB.
7. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. A bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.
8. 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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March 1970 to 30 June 1970 by Department of the Army General Order Number 42, dated 1972.
DISCUSSION AND CONCLUSIONS:
1. Although the orders awarding him the CIB are not contained in his AMHRR or in ADCARS, the evidence of record shows he was authorized the CIB. He held an infantry MOS and he was awarded the Purple Heart. It is accepted that he engaged in ground combat; therefore, it is reasonable to presume that he was awarded the CIB. His DD Form 214 should be corrected to show this award.
2. The unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation Department of the Army General Order Number 42, dated 1972. This award should be added on his DD Form 214.
3. The applicant participated in four campaigns while he was in Vietnam. He is authorized four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
4. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 amending his DD Form 214 to add the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars 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) AR20130004036
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ABCMR Record of Proceedings (cont) AR20130004036
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