IN THE CASE OF:	  

		BOARD DATE:  25 March 2014

		DOCKET NUMBER:  AR20130012541 


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 award of the Combat Infantryman Badge (CIB) and his unit awards.

2.  The applicant states:

* the CIB and other unit awards are not listed on his DD Form 214
* he would like his DD Form 214 updated to include the awards and decorations he earned
* he was rushed out of Vietnam and the Army due to a hardship

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 of the United States on 2 October 1968.  He completed his training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 10 March 1969.  He served in MOS 11B from 26 March 1969 to 13 May 1969 while assigned to Company C, 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade.  Records show he participated in one campaign during his assignment in Vietnam.

3.  On 7 August 1969, he was honorably released from active duty for dependency/hardship.

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

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show entitlement to the CIB.  However, it does show award of the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) and the Second Class Gunner (currently known as Marksman) Marksmanship Qualification Badge with Machine Gun Bar (M-60).

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

7.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

8.  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.

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

DISCUSSION AND CONCLUSIONS:

1.  The governing regulation for award of the CIB clearly establishes that the CIB may be 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.

2.  The evidence shows the applicant held and served in an infantry MOS while assigned to an infantry company during his assignment in Vietnam.  However, there is no evidence of record which shows he served in active ground combat.  As a result, there is insufficient evidence on which to base adding the CIB to his DD Form 214.

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

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The entries on his DA Form 20 which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) and Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) are accepted as sufficient evidence on which to base adding these marksmanship badges to his DD Form 214.
  
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* one bronze service star for his previously-awarded Vietnam Service Medal

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding award of the CIB 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)                                         AR20130012541



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ABCMR Record of Proceedings (cont)                                         AR20130012541



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