IN THE CASE OF:  

		BOARD DATE:  28 May 2015	  

		DOCKET NUMBER:  AR20140016590 


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 that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states that he served as a mechanized infantryman in Vietnam from December 1968 to April 1969. 

3.  The applicant provides a copy of his 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 was inducted on 21 March 1968.  He completed his basic training at Fort Lewis, Washington and his advanced individual training as an armor reconnaissance specialist at Fort Knox, Kentucky and was transferred to Vietnam on 7 December 1968 for assignment to C Troop, 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division.

3.  General Orders Number 4754 issued by Headquarters, 9th Infantry Division on 20 April 1969 awarded the applicant the Purple Heart for wounds received in action on 18 April 1969.

4.  General Orders Number 6143 issued by Headquarters, 9th Infantry Division on 29 May 1969 awarded the applicant the Army Commendation Medal with “V” Device for heroism on 18 April 1969.

5.  The applicant had served in two campaigns and was medically evacuated to a hospital in Japan on 11 May 1969 and then to Fitzsimons General Hospital in Denver, Colorado.

6.  On 27 June 1969, he was transferred to Fort Riley, Kansas where he remained until he was honorably released from active duty (REFRAD) on 15 May 1970 due to the expiration of his term of service.  He had served 2 years of active service and had 54 days of lost time due to being absent without leave (AWOL).  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Purple Heart, Army Commendation Medal with “V” Device, and his marksmanship badges.

7.  Army Regulation 600-8-22 (Military Awards) states 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.  

8.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but were wounded as a result of hostile action.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.
10.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B, will be worn on the appropriate service medal including the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was serving as an infantryman in an infantry company in Vietnam when he was wounded in action and was awarded the Purple Heart.  Accordingly, he meets the qualifications for award of the CIB.  Therefore, the CIB should be awarded to him effective 18 April 1969 and it should be added to his DD Form 214.

2.  The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to have that award added to his DD Form 214.

3.  The applicant served in two campaigns and is entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

4.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period during which he served with the unit.  He is entitled to have this unit award added to his DD Form 214.  

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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:

* Awarding him the CIB effective 18 April 1969 
* Deleting from his DD Form 214 the Vietnam Service Medal 
* Adding to his DD Form 214 the CIB, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20140016590





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ABCMR Record of Proceedings (cont)                                         AR20140016590



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