IN THE CASE OF:	  

		BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090015751 


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 the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states he served a combat tour in the Republic of Vietnam (RVN) and is eligible for the award. 

3.  The applicant provides a copy of his DD Form 214. 

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 was inducted into the Army of the United States on 10 January 1968.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  Upon completion of training the applicant was transferred to the RVN and assigned to the following units:

* Company E, 1st Battalion, 12th Cavalry, 1st Calvary Division (Airmobile)
* Company B, 1st Battalion, 12th Cavalry, 1st Calvary Division (Airmobile)
* 15th Administration Company, 1st Cavalry Division

3.  The applicant's record shows he was released from active duty on 9 January 1970 after completing 2 years of military service.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the award of the CIB.

5.  The record shows the applicant was awarded the Bronze Star Medal for heroism.  The award citation indicates: 

	a.  his heroism was in connection with military operations against a hostile force in RVN 

	b.  his unit was heavily engaged with a large enemy force

	c.  he exposed himself to hostile fire in an attempt to rescue injured Soldiers

6.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to
infantry and warrant officers and enlisted personnel who have an infantry
MOS.  Individuals must have served in active ground combat while assigned or
attached to an infantry unit of brigade, regimental, or smaller size.  The
regulation further states personnel possessing an infantry MOS in a rifle
squad of a cavalry platoon in a cavalry troop would be eligible for award of
the CIB.

7.  A review of the applicant's records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

8.  The DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) the applicant served in the RVN for the period 8 June 1968 through 
28 May 1969.

9.  Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in the Vietnam Counteroffensive Phases IV, V, and VI.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

10.  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 the unit to which the applicant was assigned was awarded the following:

* (15th Administration Company) Meritorious Unit Commendation,              1 October 1967 through 30 June 1969, Department of the Army General Order (DAGO) 39, dated 1971  
* (12th Cavalry) RVN Gallantry Cross with Palm Unit Citation, 9 August 1965 through 19 May 1969, DAGO Number 56, dated 1969
* (12th Cavalry) RVN Civil Actions Honor Medal First Class Unit Citation,    1 January 1969 through 1 February 1970, DAGO 42, dated 1972

11.  Item 38 of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military career.

12.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was
3 years except in those cases when the period for the first award ended 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be corrected to show the award of the Combat Infantryman Badge is supported by the evidence. 

2.  The record shows the applicant was an Infantry Soldier, performing infantry duties while assigned to an infantry unit engaged in ground combat with the enemy.  These acts entitle him to award of the Combat Infantryman Badge.

3.  The applicant meets all the regulatory requirements and there is no derogatory information in his record to prevent the award of the Army Good Conduct Medal. 

4.  A review of the applicant's record shows he is entitled to the following additional awards and decorations:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Three bronze service stars to be affixed to his previously-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 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 awarding the Combat Infantryman Badge and the Army Good Conduct Medal (1st award) for the period of 10 January 1968 through 9 January 1970. Additionally, the DD Form 214 should be amended by deleting the Vietnam Service Medal and adding the following:

* Combat Infantryman Badge
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20090015751



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ABCMR Record of Proceedings (cont)                                         AR20090015751



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