IN THE CASE OF: BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150005082 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 a light weapons infantryman in military occupational specialty 11B20 and was awarded the Purple Heart for wounds received in action in Vietnam. He believes he is entitled to 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 6 March 1968. He completed training in military occupational specialty (MOS) 11B (Light Weapons Infantryman) and was transferred to the Republic of Vietnam (RVN) for his first permanent duty assignment. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service) U.S. Army Pacific (USARPAC) – RVN from 8 August through 10 October 1968 b. item 38 (Record of Assignments) – * effective 17 August 1968 - Company D, 4th Battalion, 9th Infantry * effective 11 September 1968 - he was a patient at El Paso, Texas (he had apparently been medically evacuated) c. item 40 (Wounds) - gunshot wound to the left hand on 20 August 1968; and d. item 41 (Awards and Decorations) – * National Defense Service Medal * (unspecified) Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal * Purple Heart * RVN Campaign Medal with Device (1960) 4. Orders, dated 22, 25 April and 8 July 1968, in the applicant's record show that he qualified as a sharpshooter with the M-14 rifle, as an expert with the M-16 rifle and as a marksman with the M-60 machine gun and he was awarded the appropriate marksmanship qualification badges. 5. A 3 October 1968 Medical Record – Narrative Summary shows that an AK-47 bullet pierced his index finger and exited through the web between the index and middle finger. 6. On 23 December 1969 the applicant was honorably released from active duty early to attend school. He was transferred to the U.S. Army Reserve. His DD Form 214 lists his authorized awards as: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Purple Heart 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 4th Battalion, 9th Infantry was awarded the RVN Gallantry Cross with Palm Unit Citation for the period April 1966 through August 1968 by Department of the Army General Order (DAGO) 48, 1971 and the RVN Civil Actions Honor Medal 1st Class Unit Citation for the period 30 April 1966 through 21 January 1970 by DAGO 51, 1971 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. The applicant’s tour of duty correlates with the Vietnam Counteroffensive Phase V campaign from 1 July - 1 November 1968. DISCUSSION AND CONCLUSIONS: 1. The applicant, an infantryman, was awarded the Purple Heart for wounds incurred in action while serving with an infantry company in the RVN. 2. The applicant served in Vietnam during one designated campaign period, but his DD Form 214 shows no campaign credit. 3. During his tour of duty the applicant’s unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. 4. Orders in his record show he qualified as an expert with the M-16 rifle, as a sharpshooter with the M-14 rifle and as a marksman with the M-60 machine gun. 5. His record should be corrected as recommended below. 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 20 August 1968; b. deleting the Vietnam Service Medal; and c. adding to his DD Form 214 the – * Combat Infantryman Badge * Vietnam Service Medal with one bronze service star * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) * Marksman Marksmanship Qualification Badge with Machine Gun Bar __________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) AR20150005082 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005082 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1