IN THE CASE OF:	  

		BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090010721 


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 award of the Combat Infantryman Badge. 

2.  The applicant essentially states that he was awarded the Combat Infantryman Badge, but that it does not appear on his DD Form 214 (Armed Forces of the Report of Transfer or Discharge).  He also states that he spent a year in combat in Vietnam.  

3.  The applicant provides no additional evidence in support of this 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's military records show that he was inducted into the Army of the United States on 15 February 1968.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).  After serving in Germany from 8 July 1968 to 
16 January 1969, he departed for the Republic of Vietnam on 9 March 1969 and was assigned to Troop C, 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division.  On 7 April 1969, he was reassigned to Troop A, 3rd Squadron, 5th Cavalry Regiment.  He returned to the continental United States on or about 7 February 1970, and was honorably released from active duty on 8 February 1970.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the Army Commendation Medal, and the Bronze Star Medal.  On 19 October 1972, he enlisted in the Regular Army for a period of 4 years; however, on 19 September 1974 he was discharged under other than honorable conditions under the provisions of Chapter 10 (Discharge in Lieu of Trial by Court-Martial), Army Regulation       635-200 (Enlisted Personnel).  

3.  The applicant's military records do not show that he was awarded the Combat Infantryman Badge, but he served in MOS 11D with the 3rd Squadron, 5th Cavalry Regiment during his tour in Vietnam and orders awarded him the Army Commendation Medal with "V" (for Valor) Device for heroism on 29 March 1969.

4.  During a review of the applicant's military records, it was determined that he is entitled to additional awards and decorations that are not listed on his DD Form 214.

5.  The applicant's DD Form 214 does not show that he was awarded the Army Commendation Medal with "V" Device, but orders awarded him the Army Commendation Medal with "V" Device for heroism on 29 March 1969.

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 that at the time of the applicant’s assignment to the 3rd Squadron, 5th Cavalry Regiment, the squadron was cited for award of the Presidential Unit Citation by Department of the Army General Orders Number 16, dated 1972, as amended by Department of the Army General Orders Number 9, dated 1979.  This document also shows that at the time of the applicant's assignment to Troop A, 3rd Squadron, 5th Cavalry Regiment, the troop was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 28, dated 1969, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.
7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Tet 69 Counteroffensive campaign, the Vietnam Summer-Fall 1969 campaign, and the Vietnam Winter-Spring 1970 campaign.

8.  U.S. Army Vietnam Regulation (USARV) 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the men who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

9.  Appendix V of USARV 672-1 defined the term "smaller size" as a unit of squad, platoon or company size.  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 Combat Infantryman Badge if other criteria are also met.  Appendix V also provided that during the Vietnam era infantry MOSs for award of the Combat Infantryman Badge were identified as MOS 11B, 11C, 11D, 11F, 11G, 
or 11H.

10.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show his award of the Combat Infantryman Badge (CIB).


2.  The applicant was serving in MOS 11D with a cavalry unit when he was awarded the Army Commendation Medal with "V" Device for heroism on 
29 March 1969.  Therefore, it is reasonable to believe that he was awarded the CIB as he claims and therefore it would be appropriate at this time to correct his military records to show the award of the CIB.

3.  Orders awarded the applicant the Army Commendation Medal with "V" Device, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal with "V" Device.

4.  General orders awarded the Presidential Unit Citation to the 3rd Squadron, 5th Cavalry Regiment while the applicant was assigned to this squadron.  Additionally, the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation were awarded to Troop A, 3rd Squadron, 5th Cavalry Regiment while the applicant was assigned to this troop.  Therefore, he is entitled to correction of his military records to show the award of the Presidential Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already awarded 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.  showing award of the CIB, the Army Commendation Medal with "V" Device, the Presidential Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	b.  by showing three bronze service stars to be affixed to his already-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)                                         AR20090010721



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ABCMR Record of Proceedings (cont)                                         AR20090010721



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