IN THE CASE OF:	  

		BOARD DATE:	 15 December 2009 

		DOCKET NUMBER:  AR20090009581 


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 award of the Combat Infantryman Badge.

2.  The applicant states he served with Troop C, 1st Squadron, 9th Cavalry, in Vietnam and was awarded an Army Commendation Medal for valor, a Bronze Star, and an Air Medal, but was short-changed and never received the Combat Infantryman Badge.

3.  The applicant provides a copy of his Air Medal Citation and a copy of orders awarding him the Army Commendation Medal with "V" Device.

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.  Records available to the Board indicate the applicant was inducted into the Army of the United States on 3 September 1969.  He was trained as an Armor Reconnaissance Specialist (11D) and in March 1970 was assigned to the 1st Cavalry Division in Vietnam.  On 28 March 1970 he assumed duties in his primary specialty (11D) with Troop C, 1st Squadron, 9th Cavalry.

3.  On 24 June 1970 the applicant was awarded an Army Commendation Medal with "V" Device in recognition of his heroic act on 23 May 1970 when "disregarding his own safety, he courageously exposed himself to the dangers inherent in the combat environment and he directed his efforts toward neutralizing the enemy threat."  General orders issued by Headquarters, 1st Cavalry Division (Airmobile), confirmed the award.

4.  On 25 June 1970 the applicant was awarded an Air Medal for the period March 1970 to June 1970.  General orders issued by Headquarters, 1st Cavalry Division (Airmobile), confirmed the award.

5.  On 23 December 1970 the applicant was awarded a Bronze Star Medal for meritorious service during the period March 1970 to March 1971.  General orders issued by Headquarters, 1st Cavalry Division (Airmobile), confirmed the award.

6.  Between March 1971 and April 1971 the applicant was awarded three awards of the Army Commendation Medal for meritorious achievement during the following periods:

	a.  25 December 1970 to 4 February 1971,

	b.  22 February 1971 to 24 March 1971, and

	c.  11 February 1971 to 11 April 1971.

7.  General orders issued by Headquarters, 1st Cavalry Division (Airmobile), confirmed each of the three Army Commendation Medals awarded for meritorious achievement.

8.  On 13 April 1971 the applicant departed Vietnam and on 14 April 1971 he was released from active duty under a program which permitted the early separation of overseas returnees.  His service was characterized as honorable.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects the following authorized awards:
	a.  National Defense Service Medal,

	b.  Vietnam Service Medal, and

	c.  Republic of Vietnam Campaign Medal with Device (1960).

10.  There is no indication in the applicant's official military personnel file that he was ever awarded the Combat Infantryman Badge.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge.

11.  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.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.

12.  Army Regulation 600-8-22 also authorizes 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 campaign or service medal including the Vietnam Service Medal.  One silver service star is worn in lieu of five bronze service stars.  Appendix B lists three designated campaigns during the applicant's service in Vietnam (Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII).

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 42, dated 1972, and awarded a Valorous Unit Award for the period 1 May 1970 to 29 June 1970 by Department of the Army General Order Number 43, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant held an infantry specialty and performed duty in that specialty while in Vietnam.  His records shows he was assigned to an infantry unit of brigade, regimental, or smaller size and his award of the Army Commendation Medal with "V" Device is sufficient evidence that he served in active ground combat.  In view of the foregoing, the applicant met the eligibility requirements for award of the Combat Infantryman Badge and his records should be corrected accordingly.

2.  The evidence also shows that the applicant was awarded four awards of the Army Commendation Medal (one with a "V" device), an Air Medal, and a Bronze Star Medal, all of which were omitted from his 1971 DD Form 214.  It would be appropriate and in the interest of justice to add those decorations to the applicant's DD Form 214.

3.  The applicant participated in three designated campaign periods while in Vietnam and as such is entitled to three bronze service stars for wear on his Vietnam Service Medal.  He is also entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award.  His records should be corrected accordingly.

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.  deleting the Vietnam Service Medal from his 1971 DD Form 214; and



	c.  adding to his 1971 DD Form 214 the Army Commendation Medal with 3d Oak Leaf Cluster and "V" Device, Bronze Star Medal, Air Medal, Vietnam Service Medal with three bronze service stars, Combat Infantryman Badge, Valorous Unit Award, and 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)                                         AR20090009581



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ABCMR Record of Proceedings (cont)                                         AR20090009581



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