IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140007481
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 served as an infantry platoon leader with the 1st Cavalry Division from approximately 6 October 1968 to 25 January 1969, when he was severely injured in an air mobile combat assault in Tay Ninh Province, South Vietnam. He was evacuated to a rear area hospital until 14 March 1969, and then sent to Fitzsimons Army Hospital for rehabilitation. He was released from the hospital on 14 August 1969 and awaited discharge orders at home. He did not receive the CIB and he would like to have that corrected.
3. The applicant provides copies of:
* his DD Form 214 ((Armed Forces of the United States Report of Transfer or Discharge)
* map of South Vietnam
* 1st Cavalry Division Vietnam Combat Certificate
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. Following prior enlisted service, the applicant was appointed as an infantry second lieutenant (2LT) on 12 October 1967 and entered active duty. He was promoted to first lieutenant (1LT) on 1 October 1968 and to captain (CPT) on
12 October 1969.
3. His DA Form 66 (Officer Qualification Record) shows in:
a. Item 18 (Record of Assignments) he was assigned to Company D, 1st Battalion, 7th Cavalry as a rifle platoon leader from 18 October 1968 through
18 January 1969. Effective 19 January 1969, his status changed to patient.
b. Item 21 (Awards and Decorations) the following awards:
* National Defense Service Medal
* Army Good Conduct Medal
* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* One Overseas Service Bar
* Bronze Star Medal
c. Item 23 (Qualification in Arms) award of the Expert Marksmanship Qualification Badge with Rifle Bar.
4. The applicant was discharged due to physical disability with severance pay effective 27 October 1969 in the rank of CPT. His DD Form 214 shows his awards as the:
* Bronze Star Medal
* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with Device (1960)
* One Overseas Service Bar
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
5. Army Regulation 600-8-22 (Military Awards) provides that 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.
6. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with 1st Battalion,
7th Cavalry, this unit was awarded the:
a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965-19 May 1969 by Department of the Army (DAGO) Number 59, dated 1969, as amended by DAGO Number 70, dated 1969; and
b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969-1 February 1970 by DAGO Number 42, dated 1972.
DISCUSSION AND CONCLUSIONS:
1. The applicant held an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size. He was wounded in action on 25 January 1969. He met the criteria for award of the CIB, and he should be awarded the CIB.
2. His DA Form 66 shows he was awarded the National Defense Service Medal and the Army Good Conduct Medal.
3. During the applicant's service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
4. His DD Form 214 should be corrected to show these awards.
BOARD VOTE:
____X___ ____X___ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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
* awarding him the Combat Infantryman Badge for action on 25 January 1969
* adding the following awards to his DD Form 214 for the period ending
27 October 1969
* National Defense Service Medal
* Army Good Conduct Medal
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
__________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) AR20140003776
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140007481
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