IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140004655
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 assigned to and engaged in ground combat with Company E, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division while it was deployed to the Republic of Vietnam. He sustained a foot injury on 8 June 1968 as a result of a hostile booby trap and was awarded the Purple Heart.
3. The applicant provides a self-authored statement, one page from his Medical Board Proceedings, a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DD Form 215 (Correction to DD Form
214, Certificate of Release or Discharge from Active Duty), and a letter order.
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 November 1967. He completed basic combat and advanced individual training and was awarded military occupational specialty 11H (Infantry Direct Fire Crewman). The highest rank/grade he attained while serving on active duty was private first class/E-3.
3. His DA Form 20 (Enlisted Qualification Record) shows:
* Item 31 (Foreign Service) service in the Republic of Vietnam from
19 April 1968 to 13 July 1968
* Item 38 (Record of Assignments) assigned as an Infantry Indirect Fire Crewman with Company E, 3rd Battalion, 60th Infantry Regiment, 9th Infantry Division
* Item 38 also shows applicant's conduct and efficiency as excellent throughout his service
* Item 40 (Wounds) reflects full left foot; wound sustained on 8 June 1968
* Item 41 (Awards and Decorations) does not show either the award of a Purple Heart or a Combat Infantryman Badge
4. The applicants record shows he was placed on the temporary disability retired list, on 19 March 1969, for the foot injury sustained in Vietnam by hostile booby trap fragments, then placed on the permanent disability retired list effective 31 December 1971.
5. The applicant submitted a DD Form 149 to the ABCMR on 24 August
1999 and was granted the Purple Heart, the Vietnam Service Medal with 2 bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge.
6. Army Regulation 600-8-22 (Military Awards) provides:
* 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
* on or after 27 June 1950, the first award of the Good Conduct Medal can be given for periods of less than 1 year when the reason is physical disability incurred in the line of duty
DISCUSSION AND CONCLUSIONS:
1. The applicant held an infantry MOS and appears to have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size when he was wounded in action in Vietnam on 8 June 1968.
2. Having been severely wounded, it is clear he was personally present and served in active ground combat while assigned to that infantry unit when it engaged the enemy. Based upon the above, he met the criteria for award of the CIB. Therefore, he should be awarded the CIB.
3. The applicants conduct and efficiency were shown as excellent and he received an honorable discharge. He qualifies for award of the Good Conduct 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 him the Combat Infantryman Badge for action on 8 June 1968;
b. awarding him the Good Conduct Medal (1st Award) for the period
2 November 1967 18 March 1969; and
c. adding the Combat Infantryman Badge and Good Conduct Medal (1st Award) 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) AR20140004655
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ABCMR Record of Proceedings (cont) AR20140004655
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