IN THE CASE OF:	  

		BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090011071 


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 that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states he served in an infantry military occupational specialty (MOS) in an infantry unit in the Republic of Vietnam (RVN) and should have been awarded the CIB.

3.  The applicant provides no additional documentary evidence 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's record shows that he enlisted in the Regular Army and entered active duty on 21 September 1964.  He was trained in and awarded MOS 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant served in the RVN from 14 May 1966 through 13 August 1967.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 39th Signal Security Force (United States Army Signal Security Force) through 8 December 1966 and with Company C, 1st Battalion, 7th Cavalry Regiment, performing duties as an infantry platoon sergeant from 9 December 1966 through 11 August 1967.

4.  Item 38 of the applicant's DA Form 20 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) shows he earned the Parachutist Badge, Vietnam Service Medal (VSM), National Defense Service Medal (NDSM), RVN Campaign Medal (RVNCM), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's official military personnel file (OMPF) is void of derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  The applicant's OMPF contains the following:  1st Cavalry Division General Orders (GO) Number 1369, dated 29 March 1967, which awarded the applicant the Air Medal (AM) for his meritorious achievement while participating in aerial flight during the period August 1966 through March 1967; GO Number 4717, dated 17 August 1967, which awarded him the Purple Heart (PH) for being wounded in action in the RVN on 3 April 1967; and GO Number 5208, dated 7 September 1967, which awarded the applicant the Bronze Star Medal with "V" Device for heroism in action in the RVN on 3 April 1967.

7.  On 14 August 1967, the applicant was honorably separated after completing 2 years, 10 months, and 24 days of active duty service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time of his separation, as amended by a DD Form 215 (Correction to DD Form 214) issued on 2 January 1968, shows he earned the following awards during his active duty tenure:  NDSM, VSM, RVNCM, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, PH, and AM in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

9.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

10.  Chapter 8 of the awards regulation contains guidance on award of combat and special skill badges.  Paragraph 8-6 contains guidance on award of the CIB. It states, in pertinent part, that there are three basic requirements for the CIB.  The member must hold and serve in an infantry MOS; must be assigned to a qualifying infantry unit of brigade, regimental, or smaller size; and must have been present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (1st Battalion, 7th Cavalry Regiment) received the RVN Gallantry Cross with Palm Unit Citation.  It further shows that participation credit was granted for the Vietnam Counteroffensive Phase I, Vietnam Counteroffensive Phase II, and Vietnam Counteroffensive Phase III campaigns during the applicant's tour in the RVN.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been awarded the CIB based on his service as an infantryman in an infantry unit in the RVN was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant held and served in an infantry MOS in a qualifying infantry unit of brigade, regimental, or smaller size on 3 April 1967, the date he was recognized for heroism in connection with action against an enemy force in the RVN and was wounded in action.  Therefore, it would be appropriate to award him the CIB and to add it to his record and DD Form 214 at this time.

3.  The evidence of record further shows that he received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his record is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 21 September 1964 through 14 August 1967 and to add this award to his record and DD Form 214 at this time.

4.  The evidence of record also confirms he was awarded the BSM with "V" Device for heroism in action in the RVN on 3 April 1967, and this award was never added to his DD Form 214.  It would be appropriate to add it now.

5.  The evidence further shows that based on his RVN service and campaign participation, he is eligible for the RVN Gallantry Cross with Palm Unit Citation and three bronze service stars with his VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214 at this time.

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 for his exemplary conduct in ground combat with enemy forces in the Republic of Vietnam;

	b.  awarding him the AGCM for his qualifying period of honorable active duty service from 21 September 1964 through 14 August 1967;

	c.  amending item 24 of his DD Form 214 by adding the Bronze Star Medal with "V" Device, AGCM, three bronze stars with his Vietnam Service Medal, RVN Gallantry Cross with Palm Unit Citation, and CIB; and

	d.  providing him a correction to his DD Form 214 that includes these changes.



      ___________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)                                         AR20090011071



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ABCMR Record of Proceedings (cont)                                         AR20090011071



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