BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090014610 


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 the Combat Infantryman Badge (CIB), the Presidential Unit Citation, and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the CIB should be added to his DD Form 214 because he served as a cavalry scout in military occupational specialty (MOS) 11D2O with Troop B, 3rd Squadron, 5th Cavalry.

3.  The applicant provides in support of his request:

	a.  A copy of a rating decision from the Department of Veterans Affairs Board of Veterans' Appeals.  It describes the available evidence that shows the applicant was exposed to combat stressors.  These included unit records showing his base received incoming fire on various occasions and a buddy statement that, as truck drivers, they were both subject to the danger of mines and ambushes.

	b.  Page 3 of his DA Form 20 (Enlisted Qualification Record) shows his assignments.

	c.  His DD Form 214 lists his currently authorized awards.



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 enlisted in the Regular Army on 25 March 1969, completed basic training, and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  He then completed advanced individual training and was awarded MOS 71H as a personnel specialist.  He served at Fort Rucker, Alabama, for about 6 months and was then transferred to Vietnam.

3.  General Orders Number 463 by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), dated 16 April 1971, awarded the applicant the Bronze Star Medal for meritorious service from May 1970 to May 1971.

4.  His DA Form 20 shows:

	a.  item 22 (Military Occupational Specialty) – only one MOS, 71H2O Personnel Specialist;

	b.  item 31 (Foreign Service) – service in Vietnam from 30 May 1970 through 25 April 1972;

	c.  item 38 (Record of Assignments) – 

* from 7 June 1970, principal duty as a morning reports clerk with Company A, 75th Support Battalion, 1st Brigade, 5th Infantry Division (Mechanized), Vietnam
* from 4 August 1970, principal duty assignment is blank with Headquarters and Headquarters Troop, 3rd Squadron, 5th Cavalry, 1st Brigade, 5th Infantry Division (Mechanized), Vietnam
* from 13 September 1970, principal duty assignment "excess  personnel" with Troop B, 3rd Squadron, 5th Cavalry, 1st Brigade, 5th Infantry Division (Mechanized), Vietnam
* from 13 September 1970, principal duty assignment is blank with Troop B, 3rd Squadron, 5th Cavalry, 1st Brigade, 5th Infantry Division (Mechanized), Vietnam
* from 21 April 1971, principal duty assignment is "casual" en route to U.S. Army Europe

5.  The applicant served in Europe until January 1972 when he returned to the United States.

6.  On 12 January 1972, he was released from active duty with an honorable characterization of service.  He was transferred to the U.S. Army Reserve in pay grade E-4.

7.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and two overseas service bars.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in two campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  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 pamphlet shows that during the applicant's tenure the 3rd Squadron, 5th Cavalry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 8 February 1971-30 April 1971 by Department of the Army General Orders Number 42 of 1972.

10.  The pamphlet further shows the 3rd Squadron, 5th Cavalry, was awarded the Presidential Unit Citation for the period 10-21 May 1969 and the Headquarters and Headquarters Troop, 3rd Squadron, 5th Cavalry, was awarded the Valorous Unit Award for the period 27-28 June 1968.

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 Number 672-1 (Awards and Decorations) 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 670-1 (Wear and Appearance of Army Uniforms and Insignia) provides for the temporary wear of unit awards by personnel who are attached to a previously cited unit even though they did not participate in the cited action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the CIB should be added to his DD Form 214 because he served as a cavalry scout in MOS 11D2O with Troop B, 3rd Squadron, 5th Cavalry.

2.  There is no substantiating evidence to show the applicant was awarded or served in any MOS except 71H2O.  Neither is there any evidence of record to show he was awarded the Combat Infantryman Badge.

3.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar during basic training and the Bronze Star Medal for his service in Vietnam.  Neither of these awards is shown on his DD Form 214.

4.  The applicant served in Vietnam during two campaign periods and is entitled to wear two bronze service stars on the Vietnam Service Medal.

5.  During his tenure with the 3rd Squadron, 5th Cavalry, the unit was awarded the RVN Gallantry Cross with Palm Unit Citation.

6.  There is no substantiating evidence to show that any of the applicant's Vietnam units was awarded the Presidential Unit Citation during his tenure.  However, it is probable that he temporarily wore that award and/or the Valorous Unit Award while in Vietnam.

7.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this error by correcting the applicant's records as recommended below.



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 the Bronze Star Medal, RVN Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar, and two bronze service stars for wear on the Vietnam Service Medal to the authorized awards already shown on his DD Form 214.

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 showing the Combat Infantryman Badge and the Presidential Unit Citation as authorized awards on his DD Form 214.



      ____________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)                                         AR20090014610



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014610



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1