BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140010888
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 his former commanding officer has written a statement about his ground combat experience.
3. The applicant provides copies of:
* DD Form 214
* DA Form 20 (Enlisted Qualification Record) (page 3 only)
* Letter of Support, dated 30 April 2014 from his former company commander
* Letter of support, undated, from a former Soldier in the applicant's squad
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 8 December 1961, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 111.10 (Light Weapons Infantryman). On 7 December 1964, after completing 3 years of honorable active duty service he was released from active duty.
3. On 4 February 1966, the applicant again enlisted in the Regular Army. He retained his infantryman MOS. On 29 August 1967, he departed for duty in the Republic of Vietnam (RVN).
a. On 1 October 1967, he was assigned for duty as an infantry squad leader in Company D, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade.
b. On 23 January 1968, the applicant's company commander recommended approval of his request for reassignment to Special Services for duty as a lifeguard. This request was based on his having a permanent physical profile that disqualified him for duty in a combat unit.
c. On 2 February 1968, the applicant was reassigned in accordance with the request discussed in the preceding paragraph.
d. On 26 September 1968, the applicant departed the RVN.
4. On 22 November 1968, the applicant was honorably discharged. His DD Form 214 for this period of active duty, as subsequently corrected by DD Form 215 (Correction to DD Form 214) indicates he was awarded:
* National Defense Service Medal
* Vietnam Service Medal with 1960 Device
* Vietnam Campaign Medal with four bronze service stars
* Army Commendation Medal
* Army Good Conduct Medal
* Korea Defense Service medal
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
5. A letter of support, signed by the same individual who recommended the applicant's reassignment in the RVN, states that the applicant served in his command as a squad leader. The author attests that the applicant was involved in a major firefight on 23 November 1967 as well as in at least 2 other firefights on night ambushes and on 3 occasions while on search and destroy missions. The author states the applicant earned the CIB for his service in the RVN. However, through no fault of his own, he did not receive it. This wrong should be made right.
6. A letter of support, from an individual claiming to have been a Soldier in the applicant's squad, states that the applicant participated in ground combat on several occasions and was reassigned due to a loss of hearing.
7. Army Regulation 600-8-22 (Military Awards) states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he was awarded the CIB.
2. The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.
3. The letter, provided by the applicant, that purports to be from his former company commander in the RVN attesting that he performed actual ground combat and is entitled to the CIB, sufficiently corroborates the applicant's claim. Therefore, it would be appropriate to award the applicant the CIB with an effective date of 23 November 1967.
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:
a. awarding him the Combat Infantryman Badge effective 23 November 1967; and
b. showing, in addition to the awards already shown on his DD Form 214, that his awards include the Combat Infantryman Badge.
__________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) AR20110020295
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140010888
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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