IN THE CASE OF:	

		BOARD DATE:	        5 February 2009

		DOCKET NUMBER:  AR20080017867 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Combat Infantryman Badge, the Air Medal, and an unspecified unit citation.

2.  The applicant states, in effect, that upon checking his DD Form 214 he discovered he was not credited with the Combat Infantryman Badge.  He points out that his military occupational specialty (MOS) was 11B (light weapons infantryman) and that he received the Silver Star for gallantry in action on 6 May 1969 while engaged in military operations involving conflict with an armed hostile force in Vietnam.  He also contends that his unit received a unit citation for action on 5 May 1969 in Vietnam. 

3.  The applicant provides a copy of his DD Form 214; a Vietnam Combat Certificate; and orders for the Air Medal, the Silver Star, and the Purple Heart in support of 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 was inducted into the Army of the United States on 10 January 1968.  He was awarded MOS 11B.  He arrived in Vietnam on 11 June 1968.  He served in MOS 11B while assigned to Company E, 2nd Battalion, 8th Cavalry of the 1st Cavalry Division in Vietnam from 17 June 1968 through 22 July 1968.  He also served in MOS 11B while assigned to Company C, 2nd Battalion, 8th Cavalry of the 1st Cavalry Division in Vietnam from 23 July 1968 through 9 June 1969.  On 9 January 1970, he was released from active duty in the rank of sergeant after completing 2 years of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, the Silver Star, the Purple Heart, two awards of the Overseas Service Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with M60 Bar as authorized awards.  

4.  There are no orders for the Combat Infantryman Badge in the available records.

5.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 5950, dated 14 May 1969, show the applicant received the Air Medal. 

6.  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 applicant's unit (Company C, 2nd Battalion, 8th Cavalry) is eligible for award of the Valorous Unit Award for actions on 6 May 1969 based on Department of the Army General Orders Number 39, dated 1970.

7.  Department of the Army Pamphlet 672-3 shows the applicant's unit (2nd Battalion, 8th Cavalry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (9 August 1965 to 19 May 1969) based on Department of the Army General Orders Number 59, dated 1969.  This unit is eligible for a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (May 1969 to February 1970) based on Department of the Army General Orders Number 11, dated 1973.  


8.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. 

9.  Department of the Army Pamphlet 672-3 also shows the applicant's unit (2nd Battalion, 8th Cavalry) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 42, dated 1972.  

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

11.  Records show the applicant participated in five campaigns during his assignment in Vietnam.

12.  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 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 has advised in similar cases during the Vietnam era that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.



14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam.  He was also awarded the Silver Star for gallantry in action while engaged in military operations involving conflict with an armed hostile force in Vietnam.  In addition, he was wounded in action.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  Orders show the applicant received the Air Medal.  

3.  The applicant’s unit (Company C, 2nd Battalion, 8th Cavalry) was cited for the Valorous Unit Award while he was assigned to it.     

4.  The applicant's unit (2nd Battalion, 8th Cavalry) was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant’s unit (2nd Battalion, 8th Cavalry) was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.     

6.  The applicant was separated in the rank of sergeant with 2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 10 January 1968 through 9 January 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

7.  The applicant participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.



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 Combat Infantryman Badge;

	b.  awarding him the first award of the Good Conduct Medal for the period 
10 January 1968 through 9 January 1970; and

	c.  adding the Combat Infantryman Badge, the Good Conduct Medal, the Air Medal, the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal on his DD Form 214.




      _______ _   _xxx______   ___
               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)                                         AR20080017867



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ABCMR Record of Proceedings (cont)                                         AR20080017867



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