IN THE CASE OF: BOARD DATE: 11 November 2015 DOCKET NUMBER: AR20150003484 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, in effect, award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this badge. 2. The applicant states: * the CIB is not listed on his DD Form 214 * his DD Form 214 shows his military occupational specialty (MOS) as 11B (light weapons infantryman) * in May 1968 he was assigned to Company C, 1st Battalion, 5th Mechanized Infantry Regiment, 25th Infantry Division * he remained with this unit until May 1969 * he received four Purple Hearts, three Bronze Star Medals for valor, an Army Commendation Medal, and other awards * those awards meet the requirement for the CIB 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) 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 8 November 1967. He completed his training and was awarded MOS 11B. He arrived in Vietnam on 7 May 1968. He served in MOS 11B while assigned to Company C, 1st Battalion, 5th Infantry Regiment, 25th Infantry Division, from 16 May 1968 to 6 May 1969. 3. Records show he participated in four campaigns during his assignment in Vietnam. 4. On 7 November 1969, he was honorably released from active duty. 5. His DD Form 214 shows he was awarded or authorized the: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * National Defense Service Medal * Vietnam Service Medal * Purple Heart with 3rd Oak Leaf Cluster (for being wounded in action on 19, 21, and 28 August 1968 and 15 September 1968) * two Overseas Service Bars * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal with "V" Device * Army Commendation Medal 6. There are no orders for the CIB in the available records. 7. He provided a DD Form 215, dated 13 August 1970, showing the Bronze Star Medal with "V" Device was deleted from his DD Form 214 and the Bronze Star Medal with Two Oak Leaf Clusters and "V" Device and the Army Good Conduct Medal were added to his DD Form 214. 8. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. 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. 9. Army Regulation 600-8-22 states a bronze service star is worn on the Vietnam Service Medal for each credited campaign. 10. 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 1st Battalion, 5th Infantry Regiment, was awarded the: * Presidential Unit Citation for the period 18 August 1968 to 20 September 1968 by Department of the Army General Orders (DAGO) Number 82, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by DAGO Number 48, dated 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 by DAGO Number 9, dated 1979 11. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant held and served in an infantry MOS while he was assigned to an infantry company in Vietnam. He was wounded in action on four separate occasions for which he was awarded four Purple Hearts. He was also awarded three Bronze Star Medals for valor. The evidence of record is sufficient on which to base awarding him the CIB and adding award of the CIB to his DD Form 214. 2. He participated in four campaigns during his service in Vietnam which authorized him award of the Vietnam Service Medal with four bronze service stars. His DD Form 214 should be corrected to show these bronze service stars. 3. His Vietnam unit (1st Battalion, 5th Infantry Regiment) was awarded the Presidential Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned. His DD Form 214 does not show these unit awards. 4. His Vietnam unit (1st Battalion, 5th Infantry Regiment) was also awarded two Republic of Vietnam Gallantry Cross with Palm Unit Citations during the period in which he was assigned. Although he is entitled to wear only one of these unit awards, his DD Form 214 should be corrected to show both unit awards. BOARD VOTE: ____X____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 for action in ground combat against a hostile force in the Republic of Vietnam on 19 August 1968, b. deleting award of the Vietnam Service Medal from his DD Form 214, and c. adding the following awards to his DD Form 214: * Vietnam Service Medal with four bronze service stars * CIB * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * 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) AR20150003484 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003484 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1