IN THE CASE OF:	  

		BOARD DATE: 	        23 June 2009

		DOCKET NUMBER:  AR20090002722 


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, that his military records be corrected to show the Purple Heart, Good Conduct Medal, Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Unit Palm Citation.  He also requests any other awards and decorations to which he may be entitled.     

2.  The applicant states, in effect, that these awards were omitted from his DD Form 214 (Report of Transfer or Discharge). 

3.  The applicant provides a copy of his DD Form 214; orders for the Purple Heart; lineage of honors information pertaining to the 11th Armored Cavalry; and orders for the Good Conduct Medal 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.  A DD Form 215 (Correction to DD Form 214), dated 5 February 2009, amended his DD Form 214 by adding the Purple Heart and the Republic of Vietnam Gallantry Cross with Unit Palm Citation.  Since the applicant's records were corrected to show the Purple Heart, this portion of the applicant's request will not be discussed further in these Proceedings.  A copy of the DD Form 215 will be furnished to the applicant.

3.  The applicant was inducted into the Army of the United States and entered active duty on 22 January 1970.  He completed the required training and was awarded military occupational specialty (MOS) 11E (armor crewman).  He served in MOS 11E, assigned to Troop A, 3rd Squadron, 4th Cavalry, 25th Infantry Division in Vietnam from 20 July 1970 through 29 November 1970.  He served in MOS 11E, assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment in Vietnam from 3 December 1970 through 6 February 1971.  He served in MOS 11E, assigned to Troop G, 2nd Squadron, 11th Armored Cavalry Regiment in Vietnam from 7 February 1971 through 24 June 1971.  He was honorably released from active duty on 27 September 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal [with Device (1960)], Army Commendation Medal, Marksman Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14) as authorized awards.

5.  Headquarters, 2d Armored Division, General Orders Number 1230, dated 
7 September 1971, show the applicant received the first award of the Good Conduct Medal for the period 22 January 1970 through 27 September 1971.

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

7.  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 3rd Squadron, 4th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 


29 June 1970 to 30 September 1970 based on Department of the Army General Orders Number 5, dated 1973; and Troop A, 1st Squadron, 11th Armored Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period November 1970 to 31 December 1970 based on Department of the Army General Orders Number 42, dated 1972.

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.  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.  Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the first award of the Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this award.

2.  There are no orders for the Combat Infantryman Badge.  The evidence of record shows the applicant held and served in MOS 11E (an armor MOS) during his assignment in Vietnam.  There is no evidence of record which shows the applicant held an infantry MOS and served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  Although the DD Form 215 shows the Republic of Vietnam Gallantry Cross with Unit Palm Citation as an authorized award, records show the applicant's units (3rd Squadron, 4th Cavalry and Troop A, 1st Squadron, 11th Armored Cavalry) were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be amended to show a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  __X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 24 of the applicant's DD Form 214 the Good Conduct Medal and a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Infantryman Badge.



      ___________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)                                         AR20090002722



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ABCMR Record of Proceedings (cont)                                         AR20090002722



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