IN THE CASE OF: . BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150003460 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, in effect, requests award of the Combat Infantryman Badge (CIB). 2. The applicant states, in effect, he served as an infantryman in Vietnam and was awarded two Purple Hearts. He served in combat in infantry units that were lower than the brigade level. He met the requirements for the CIB. 3. The applicant provides a copy of his DD Form 214 (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 into the Army of the United States on 15 August 1967. He completed training in military occupational specialty (MOS) 11B as an infantryman and was transferred to the Republic of Vietnam (RVN) for his first permanent duty assignment. He participated in three campaigns during his service in the RVN. 3. His DA Form 20 (Enlisted Personnel Record shows in: a. item 31 (Foreign Service) U.S. Army Pacific (USARPAC) – RVN from 6 April 1968 through 20 February 1969; b. item 38 (Record of Assignments): * effective 8 April 1968 - duty MOS 11B (scout observer) - Company E, 6th Battalion, 31st Infantry * effective 18 November 1968 – duty MOS 11B (scout observer) Company D,6th Battalion, 31st Infantry * effective 20 February 1969 he was a patient at Fort Benning, Georgia (he was apparently medically evacuated) c. item 41 (Awards and Decorations) * National Defense Service Medal * RVN Campaign Medal with Device (1960) * Vietnam Unit Citation * Purple Heart (24 November 1968) * One Overseas Service Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) 4. Orders, dated 16 January 1968 in the applicant's record show that he qualified as an Expert with the M-16 Rifle. 5. A 26 November 1968 Western Union telegram informed the applicant’s wife and parents that he had been wounded in the lower legs by a booby-trap while on a combat operation. 6. The applicant was honorably released from active duty on 17 April 1969 and transferred to the U.S. Army Reserve. His DD Form 214 lists his authorized awards as: * National Defense Service Medal * Vietnam Service Medal with 2 Bronze Service Stars * RVN Campaign Medal with Device (1960) * 1 Overseas Service Bar * Purple Heart (2nd Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) 7. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed award of the Combat Infantryman Badge to Army forces operating in Vietnam. The Combat Infantryman Badge was authorized for award to infantry officers, to enlisted personnel, and to warrant officers who had an infantry specialty/military occupational specialty and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows 6th Battalion, 31st Infantry was awarded the – * RVN Gallantry Cross with Palm for the period 1 December 1966 through 30 June 1968 by Department of the Army General Order (DAGO) 31 of 1969; 1 July through November 1968 by DAGO 31 of 1969; and January through June 1969 by DAGO 59 of 1969 * RVN Civil Actions Honor Medal 1st Class Unit Citation for the period 19 December 1966 through 28 June 1968 by DAGO 59 of 1969 9. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. DISCUSSION AND CONCLUSIONS: 1. The applicant requests award of the CIB. The telegram to his family clearly states that he was wounded in action on 24 November 1968 and the record shows he was wounded on one other occasion. Item 38 of his DA Form 20 shows that he was serving in an infantry MOS with an infantry company. He is qualified for and should be awarded the CIB. 2. The applicant served in Vietnam during three campaigns, but his DD Form 214 shows credit for only two campaigns. 3. The applicant’s unit received three awards of the RVN Gallantry Cross with Palm Unit Citation and one award of the RVN Civil Actions Honor Medal First Class Unit Citation. These unit awards are not listed on his DD form 214. 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: a. awarding him the CIB effective 24 November 1968; b. Deleting from his DD Form 214 the Vietnam Service Medal with 2 Bronze Service Stars and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16); and c. adding to his DD Form 214 the – * Vietnam Service Medal with 3 Bronze Service Stars * RVN Gallantry Cross with Palm Unit Citation (3 Awards) * RVN Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) _______ _ 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) AR20150003460 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003460 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1