IN THE CASE OF: BOARD DATE: 14 November 2013 DOCKET NUMBER: AR20130005991 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 his award of the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states his CIB was omitted from his DD Form 214 and he did not notice it at the time of release from active duty (REFRAD). . 3. The applicant provides no additional documents with 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 enlisted in the Regular Army on 9 February 1970 for a period of 3 years and training under the airborne/infantry training option. He completed basic training at Fort Dix, New Jersey, advanced individual training as a light weapons infantryman at Fort Ord, California, and he was transferred to Fort Benning, Georgia where he completed the Noncommissioned Officer Candidate Course, Ranger training, and airborne training before being transferred to Vietnam in the rank of sergeant on 3 March 1971. 3. He was initially assigned to Company C, 75th Infantry Regiment (Rangers), 173rd Airborne Brigade and on 17 April 1971 he was wounded in action. He was awarded the Purple Heart in General Orders Number 1027 issued by Headquarters, 173rd Airborne Brigade on 1 May 1971. 4. On 15 June 1971, he was transferred to Troop E, 17th Cavalry Regiment, 173rd Airborne Brigade. He participated in two campaigns and departed Vietnam on 8 November 1971 for assignment to Fort Campbell, Kentucky where he remained until he was honorably REFRAD in the rank of private first class on 13 March 1973. He had served 3 years, 1 month and 5 days of active service and the DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Purple Heart, Parachutist Badge, Vietnam Campaign Medal, Vietnam Service Medal with two bronze service stars, and the Ranger Tab. 5. A review of the applicant's official records failed to show orders awarding him the CIB. 6. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments. It states: a. The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. There are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the applicant’s units were cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the units. DISCUSSION AND CONCLUSIONS: 1. Although there are no orders awarding him the CIB, by virtue of the fact that he was serving as an infantryman in an infantry unit at the time he was wounded he appears to meet the criteria for award of the CIB and it is reasonable to presume he was awarded the CIB as well. Therefore, his DD Form 214 should be corrected to show this award. 2. Additionally, his units in Vietnam were 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 during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards. 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 adding the CIB, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214. 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) AR20130005991 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130005991 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1