DOCKET NUMBER:  AR20090001757 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was never credited with his CIB on his DD Form 214.  He thinks it was just overlooked or it was not printed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 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 24 April 1969.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  His highest grade attained was specialist four, E-4.

3.  He was assigned to Vietnam on 23 September 1969 with Company A and further assigned to Company D, 1st Battalion, 8th Cavalry, 1st Cavalry Division, as a rifleman in duty MOS 11B.

4.  His DA Form 20 (Enlisted Qualification Record) does not list the CIB in item 41 (Awards and Decorations).  There are no orders in the applicant's personnel records which show he was awarded the CIB.

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 13012, dated 21 July 1970, show the applicant was awarded the Army Commendation Medal with "V" Device for actions in the Republic of Vietnam.  The orders stated in part, "Specialist Four E____ distinguished himself by heroism in sustained combat operations against a hostile enemy force in the Republic of Vietnam from 28 May 1970 to 30 May 1970."

6.  The applicant departed Vietnam on 20 September 1970 and was credited with participation in the Vietnam Summer-Fall Campaign, the Vietnam Winter-Spring 1970 Campaign, the Sanctuary Counteroffensive Campaign, and the Vietnam Counteroffensive Phase VII Campaign.

7.  The applicant was released from active duty on 23 April 1971.  He completed 1 year, 11 months, and 29 days of active military service with 1 day of lost time.

8.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Army Commendation Medal with "V" Device, the Bronze Star Medal, the Vietnam Service Medal, the Air Medal, two overseas service bars, the Expert Marksmanship Qualification Badge with two Rifle Bars, the Republic of Vietnam Campaign Medal with Device (1960), and the Second Class Gunner with Machine Gun Bar.

9.  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 pamphlet shows that at the time of the applicant's assignment to 


the 1st Battalion, 8th Cavalry, it was cited for award of the Valorous Unit Award by Headquarters, Department of the Army, General Orders Number 43, dated 1972.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 1st Battalion, 8th Cavalry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 42, dated 1972.

11.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant's assignment to the 1st Battalion, 8th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 11, dated 1973.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 provides that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  Appendix V of U.S. Army Vietnam Regulation 672-1 also states that the term "smaller size" infantry unit is a unit of squad, platoon, or company size.  For example, personnel possessing an infantry MOS in a rifle squad or a cavalry platoon of an armored cavalry troop would be eligible for award of the CIB if other criteria are also met.

13.  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, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was never credited with his CIB on his DD Form 214.

2.  The evidence of record shows the applicant completed training and was awarded MOS 11B.  He was assigned to Company D, 1st Battalion, 8th Cavalry, 1st Cavalry Division, as a rifleman during his tour in Vietnam.  In addition, he was 


awarded the Army Commendation Medal with "V" Device for heroism involving combat operations against a hostile enemy force, which confirms he engaged in actual ground combat.  Therefore, he should be awarded the CIB and his DD Form 214 should be amended to show this badge.

3.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

4.  The applicant was assigned to the 1st Battalion, 8th Cavalry, 1st Cavalry Division, during a period it was cited for award of the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be added to his DD Form 214.

5.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his Vietnam Service Medal.

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;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and 

	c.  adding to item 24 of his DD Form 214 the CIB, the Vietnam Service Medal with four bronze service stars, the Valorous Unit Award, the Republic of Vietnam 


Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20090001757



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ABCMR Record of Proceedings (cont)                                         AR20090001757



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