IN THE CASE OF:	  

		BOARD DATE:	  25 February 2014

		DOCKET NUMBER:  AR20130009623 


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:

* he was an infantryman in the Army while stationed "boots on ground" in Vietnam
* he received the Vietnam Service Medal, Vietnam Campaign Medal, and Bronze Star Medal
* all of these awards can only be earned while actually in Vietnam during wartime
* he would like his records corrected to add the CIB which he clearly earned and never received

3.  The applicant provides:

* CIB information
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 26 December 1968 for a period of 3 years.  He completed his training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 
1 September 1970.    

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in MOS 11B while assigned to:

* Company E, 2nd Battalion, 8th Cavalry, 1st Cavalry Division from 
      12 September 1970 to 3 March 1971
* Headquarters and Headquarters Company, 2nd Battalion, 8th Cavalry, 
      1st Cavalry Division from 4 March 1971 to 9 July 1971
* Company B, 2nd Battalion, 8th Cavalry, 1st Cavalry Division from 10 July 1971 to 27 August 1971  

4.  He departed Vietnam on 30 August 1971.

5.  On 31 August 1971, he was honorably released from active duty.

6.  His DD Form 214 shows he was awarded or authorized the:

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and 
M-16)

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



8.  There are no orders for the Purple Heart in the available records.  However, item 40 (Wounds) of his DA Form 20 shows he was wounded on 9 October 1970 (fragment wound to left buttocks).  His service personnel records also contain an illegible clinical record, dated 1970, which shows he was treated for a shrapnel wound to his left buttocks.    

9.  Records show he participated in two campaigns during his assignment in Vietnam.

10.  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, 8th Cavalry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 in Department of the Army General Order (DAGO) 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 to June 1972 in DAGO 54, dated 1975

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

12.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  

13.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.





14.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  

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, it appears he was wounded in action on 9 October 1970.  It is reasonable to presume, given the heightened combat at that time, that he was engaged in active ground combat.  Therefore, there is sufficient evidence on which to base awarding him the CIB and adding the CIB to his DD Form 214.

2.  The entry in item 40 of the applicant's DA Form 20 which shows he was wounded on 9 October 1970 is accepted as sufficient evidence on which to base  awarding him the Purple Heart and adding the Purple Heart to his DD Form 214.

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

4.  His unit in Vietnam (2nd Battalion, 8th Cavalry) was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both 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 action in ground combat against a hostile force in Vietnam on 9 October 1970;

	b.  awarding him the Purple Heart for wounds received in action on 9 October 1970 in Vietnam; and

	c.  adding the CIB, Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and two bronze service stars 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)                                         AR20130009623





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ABCMR Record of Proceedings (cont)                                         AR20130009623



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