IN THE CASE OF:	  

		BOARD DATE:	    23 March 2010

		DOCKET NUMBER:  AR20090015806 


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 the Vietnam Service Medal (VSM) and Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states, in effect, that the VSM and CIB were erroneously omitted from his DD Form 214.

3.  The applicant provides his DD Form 214 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 he was inducted into the Army of the United States and entered active duty on 2 January 1964.  He was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 17 September 1965 through 
22 December 1965.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Company A, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division, performing duties in MOS 11C as an infantry indirect fire crewman.  Item 38 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that during his active duty tenure he earned the Vietnam Service Medal (VSM) and 
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).

6.  On 23 December 1965, the applicant was honorably released from active duty after completing a total of 1 year, 11 months, and 22 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  During the processing of this case, a member of the Board staff reviewed the historical records of the applicant's unit (2nd Battalion, 7th Cavalry Regiment) in the RVN.  These records show that during the applicant's tenure of assignment, his unit was engaged in ground combat on a regular basis and that it earned the Presidential Unit Citation (PUC) during the period. 

8.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-10 of the awards regulation prescribes the policy for award of the National Defense Service Medal (NDSM).  It states, in pertinent part, that the NDSM is authorized for any period of honorable active duty service performed during the period between 1 January 1961 and 14 August 1974.


9.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that the VSM is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973, for 1 or more days with an organization participating in or directly supporting military operations.  It further stipulates that a bronze service star is authorized for each RVN campaign a member is credited with participating in.  

10.  Table B-1 of the awards regulation contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN participation credit was granted for the Vietnam Defense (8 March 1965 through 24 December 1965) campaign.  

11.  Chapter 8 of the awards regulation contains guidance on award of combat badges.  It states, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

12.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided the command's awards policy.  Appendix V provided guidance for award of the CIB and stated, in pertinent part, that a rifle squad or cavalry platoon satisfied the infantry type unit of regimental size or smaller requirement for award of the CIB.

13.  Department of the 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 his tenure of assignment in the RVN, the applicant's unit (2nd Battalion, 7th Cavalry Regiment) was awarded the PUC for the period 23 October through 26 November 1965, in Department of the Army General Order 40, issued in 1967, and the RVN Gallantry Cross with Palm Unit Citation for the period 15 through 16 November 1965, which was awarded in DAGO 21, issued in 1969. 

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first 

award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is eligible for the CIB has been carefully considered and found to have merit.  By regulation the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, and a cavalry platoon satisfied the infantry type unit of regimental size or smaller requirement for award of the CIB regimental or smaller size.  

2.  The evidence of record shows that during his RVN tour, the applicant served in an infantry MOS, in a qualifying infantry (cavalry) unit, which routinely participated in active ground combat, as evidenced by unit historical documents and the fact the unit was awarded the PUC during the period.  Therefore, absent any evidence the applicant was assigned to a staff or headquarters element or some other special duty, it is reasonable to presume he participated in normal activities with his unit, which included active ground combat with enemy forces, during the tenure of his assignment.  Therefore, it would be appropriate and served the interest of justice and equity to award him the CIB and to add it to his record and DD Form 214 at this time. 

3.  The applicant's record confirms that he received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his record is void of 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 first award of the AGCM, for his qualifying period of honorable active duty service from 2 January 1964 through 23 December 1965 and to add this award to his record and DD Form 214 at this time. 

4.  The evidence of record also confirms that based on his honorable active duty service the applicant is eligible for the NDSM.  It further confirms that based on his RVN service and campaign participation he is eligible for the VSM with 
1 bronze service star and the RVN Gallantry Cross with Palm Unit Citation.  Thus, 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 Army Good Conduct Medal for his qualifying period of honorable active duty service from 2 January 1964 through 23 December 1965;

	b.  amending item 24 of his DD Form 214 by adding the Combat Infantryman Badge, National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal with 1 bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Presidential Unit Citation; and 

   c.  providing him a correction to his DD Form 214 that reflects 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)                                         AR20090015806



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ABCMR Record of Proceedings (cont)                                         AR20090015806


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