BOARD DATE:	  18 August 2009

		DOCKET NUMBER:  AR20090004713 


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).

2.  The applicant states he was personally present and under hostile fire while assigned to an infantry unit in Vietnam.  He states he was wounded and received the Purple Heart.  

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record); his DD Form 214; his DD Form 215 (Correction to DD Form 214); and an undated letter from Headquarters, Third United States Army, Fort McPherson, GA in support of his application.

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 17 November 1965.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 36K (field wireman).    His highest grade attained was specialist four, E-4.

3.  He was assigned to Vietnam on 28 August 1966 with Company A, 1st Battalion, 16th Infantry, 1st Infantry Division as a rifleman in duty MOS 11B (light weapons infantryman).

4.  Headquarters, 1st Infantry Division, Special Orders Number 26, dated 26 January 1967, show the applicant was awarded the CIB.  

5.  The applicant departed Vietnam on 26 August 1967 and was released from active duty on 27 August 1967.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Campaign Medal, and the Purple Heart.

6.  On 29 October 2003, the applicant was issued a DD Form 215 which amended his DD Form 214 to add the Purple Heart (First Oak Leaf Cluster), the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Good Conduct Medal, and the dates of his service in Vietnam.  

DISCUSSION AND CONCLUSIONS:

Special orders show the applicant was awarded the CIB; therefore, his DD Form 214 should be amended to show this badge.

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 amending his DD Form 214 to add award of the CIB.




      _______ _   __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)                                         AR20090004713





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004713



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1