IN THE CASE OF: BOARD DATE: 2 November 2010 DOCKET NUMBER: AR20100012360 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 an infantryman in Vietnam. He was wounded in action and received the Purple Heart, but never received the CIB. 3. The applicant provides no additional documents. 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 for 2 years on 20 July 1967. Following Basic Combat Training at Fort Campbell, KY, and Infantry Advanced Individual Training at Fort McClellan, AL, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and sent to Vietnam. 3. The applicant served in Vietnam with Company B, 1st Battalion, 22nd Infantry, 4th Infantry Division from on or about 15 December 1967 to 5 August 1968. 4. Special Orders Number 90, Headquarters, 4th Infantry Division, Vietnam, dated 30 March 1968, awarded the applicant the CIB. 5. The applicant was retired on 13 August 1969 by reason of temporary physical disability. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Good Conduct Medal, the Purple Heart, and the Republic of Vietnam Campaign Medal with 1960 Device. 6. The applicant is entitled to corrections to his DD Form 214 to show other awards and badges omitted from that document. a. During his training, the applicant qualified with various individual and crew-served weapons. He was awarded the following marksmanship badges: * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar b. The applicant is entitled to wear bronze service stars on his Vietnam Service Medal to represent the following campaigns: * Counteroffensive, Phase III, 1 June 1967-29 January 1968 * Tet Counteroffensive, 30 January-1 April 1968 * Counteroffensive, Phase IV, 2 April-30 June 1968 * Counteroffensive, Phase V, 1 July-1 November 1968 c. According the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), the applicant's unit was awarded the following unit awards: * Valorous Unit Award for the period 30 January to 12 February 1968 by Department of the Army General Order Number 43, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by Department of the Army General Order Number 54, dated 1974 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by Department of the Army General Order Number 53, dated 1970 DISCUSSION AND CONCLUSIONS: 1. The applicant requests award of the CIB. 2. The applicant's records contain orders awarding him the CIB. This badge should be added to his DD Form 214. 3. The applicant's DD Form 214 should also be corrected to show: * Four bronze service stars on his Vietnam Service Medal * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 issuing him a correction to his DD Form 214 adding: * CIB * Vietnam Service Medal with four bronze service stars * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar * Valorous Unit Award * 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) AR20100012360 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100012360 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1