BOARD DATE:	  1 September 2009

		DOCKET NUMBER:  AR20090004506 


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 awarded the CIB shortly after arriving in the Republic of Vietnam in September 1969.  The applicant continues that he never noticed that the CIB had not been entered on his DD Form 214 until recently when he was denied receipt of benefits by the Department of Veterans Affairs.

3.  The applicant provides a copy of his DD Form 214 as documentary evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, United States 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 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 record shows that he enlisted in the Regular Army and entered active duty on 23 December 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was the rank of sergeant (SGT)/pay grade E-5.  The applicant was released from active duty on 13 September 1970 and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) and Item 30 (Remarks) of the applicant's DD Form 214 show the applicant served a tour of duty in the Republic of Vietnam during the period 14 September 1969 through 12 September 1970.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour of duty in the Republic of Vietnam, the applicant served in Battery B, 1st Battalion of the 21st Artillery Regiment, 1st Cavalry Division (Airmobile), from 25 September 1969 to 30 September 1969.  He also served in Company H (Ranger) of the 75th Infantry Regiment (Airborne), 1st Cavalry Division, from 1 October 1969 to 9 September 1970.  Item 38 also shows the applicant received conduct and efficiency ratings of "excellent" for each of his duty assignments.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded or authorized to wear the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal with "V" Device, the Overseas Service Bar, the Air Medal, the Bronze Star Medal, the Expert Marksmanship Qualification Badge with Machinegun Bar [M-60], the Expert Marksmanship Qualification Badge with Rifle Bar [M-14], and the Expert Marksmanship Qualification Badge with Rifle Bar [M-16].  This form does not show award of the CIB.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or authorized to wear the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Bronze Star Medal.  This form does not show award of the CIB, the Army Commendation Medal with "V" Device, the Air Medal, the Expert Marksmanship Qualification Badge with Machinegun Bar [M-60], the Expert Marksmanship Qualification Badge with Rifle Bar [M-14], or the Expert Marksmanship Qualification Badge with Rifle Bar [M-16].


7.  Headquarters, United States Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 42, dated 11 February 1969, shows the applicant was awarded the Expert Marksmanship Qualification Badge with 
Rifle Bar [M-14].

8.  Headquarters, United States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 070, dated 24 March 1969, shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar [M-16].

9.  Headquarters, United States Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 076, dated 1 April 1969, shows the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar [M-60].

10.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 428, dated 7 January 1970, shows the applicant was awarded the Army Commenda-tion Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam and distinguishing himself by valorous action on 20 December 1969.  These orders also show the applicant was assigned to Company H (Ranger) of the 75th Infantry (Airborne) at the time of his valorous action.

11.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 10011, dated 12 June 1970, shows the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period of September 1969 to June 1970.

12.  There are no indications in the applicant's service personnel records which show that he was awarded or recommended for award of the CIB.

13.  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 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.  Additionally, Appendix V of USARV 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.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.
Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour of duty in the Republic of Vietnam he participated in five campaigns:  the Tet 69 Counteroffensive, the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Valorous Unit Award for the period of 1 May 1970 through 29 June 1970 based on Department of the Army General Orders (DAGO) Number 43, dated 1972.  The unit was cited for a second award of the Valorous Unit Award for the period of 1 October 1969 through 31 December 1969 based on Department of the Army General Orders Number 32, dated 1973.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that oak leaf clusters are awarded to denote the second and succeeding awards of certain decorations, among which is the Valorous Unit Award.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This regulation shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period of May 1969 through February 1970 based on DAGO 42, dated 1972 which was amended by DAGO 11, dated 1973.

18.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by the Vietnamese Government as a unit award for meritorious service during the period of 1 February 1969 through 1 February 1970 based on DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

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

2.  Evidence contained in the applicant's service personnel record clearly shows that he participated in active ground combat while serving in an infantry MOS while assigned to an infantry unit of brigade, regimental, or smaller size while serving in the Republic of Vietnam.  Therefore, the applicant is entitled to award of the CIB and to have it added to his DD Form 214.

3.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar [M-14].  Therefore, he is entitled to have his records corrected to show this badge.

4.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar [M-16].  Therefore, he is entitled to have his records corrected to show this badge.

5.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar [M-60].  Therefore, he is entitled to have his records corrected to show this badge.

6.  General Orders awarded the applicant the Army Commendation Medal with "V" Device.  Therefore, he is entitled to have his records corrected to show this award.

7.  General Orders awarded the applicant the Air Medal.  Therefore, he is entitled to have his records corrected to show this award.

8.  General orders show the applicant's unit was twice awarded the Valorous Unit Award for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.


9.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

10.  General orders show the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show this unit award.

11.  Records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  The record also shows the applicant was previously awarded the Vietnam Service Medal.  Therefore, he is entitled to award of one silver service star to be affixed to his previously awarded Vietnam Service Medal and he is entitled to correction of his records to show this addition.

12.  Evidence shows the applicant completed a period of honorable service during which he received all “excellent” conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 23 December 1968 through 13 September 1970 and 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 full relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the CIB;

	b.  awarding the applicant the Good Conduct Medal (first award) for the period 23 December 1968 through 13 September 1970; and

	c.  adding the following awards and decorations to item 24 of the applicant's DD Form 214:

		(1)  the CIB

		(2)  the Good Conduct Medal (first award);

		(3)  the Expert Marksmanship Qualification Badge with Rifle Bar and Machinegun Bar;

		(4)  the Army Commendation Medal with "V" Device;

		(5)  the Air Medal;

		(6)  the Valorous Unit Award with 1st Oak Leaf Cluster;

		(7)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

		(8)  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

		(9)  one silver service star to be affixed to his previously-awarded 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)                                         AR20090004506





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ABCMR Record of Proceedings (cont)                                         AR20090004506



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