IN THE CASE OF:	  

	BOARD DATE:	  17 July 2008

	DOCKET NUMBER:  AR20080006988 


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 all unit citations he is entitled to. 

2.  The applicant states, in effect, that he is entitled to award of the CIB because he served in the republic of Vietnam (RVN) as an 11D1O (Armor Intelligence Specialist).  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this 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's records show he enlisted into the Regular Army on 10 April 1967.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B10 (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was Private First Class (PFC). 

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 25 September 1967 through 
20 February 1968, and that during his RVN tour he was assigned to 1st Battalion, 7th Cavalry Division, performing duties in MOS 11B, (Light Weapons Infantryman).  

4.  Item 39 (Campaigns) of the applicant's DA Form 20 shows he participated in the Vietnam Counteroffensive, Phase III campaign.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure: the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the RVN Campaign Medal, the Combat Infantryman Badge (CIB), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  On 26 August 1968, the applicant was honorably discharged because of a hardship and transferred to the United States Army Reserve after completing a total of 1 year, 4 months, and 17 days of active military service.  

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the CIB. 

8.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that Special Orders Number 341, Headquarters, 1st Cavalry Division, awarded the applicant the CIB.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  A review of the applicant’s records indicate entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned, the 1st Battalion, 7th Cavalry Division, was cited for award of the Valorous Unit Award for the period 1 October to 31 October 1967 by Department of the Army General Orders Number 39, dated 1970.

12.  Paragraph 2-13 provides guidance on the VSM.  It states, in pertinent part, that one bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns, and it shows that during his tenure of assignment, the applicant was credited with participating in the Vietnam Counteroffensive Phase III and the Tet Counteroffensive campaigns.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned, the 1st Battalion, the Cavalry Division, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 29 May 1969 by Department of the Army General Orders Number 70, dated 1969.

DISCUSSION AND CONCLUSIONS:

1. The applicant's contention that his records should be corrected to show award of the CIB and other unit awards was carefully considered and found to have merit. 

2.  Item 41 of the applicant’s DA Form 20 show that Special Orders Number 341 awarded the applicant the Combat infantryman Badge, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General Orders Number 39, dated 1970, shows the unit that the applicant was assigned to was awarded the Valorous Unit Award which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

4.  Records show the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his VSM.

5.  General Orders Number 8, dated 1974, show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

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 showing award of the Combat Infantryman Badge, the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation, and the two bronze service stars affixed to his Vietnam Service Medal.



      ___________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)                                         AR20080006988



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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