IN THE CASE OF:	  

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090017966 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge and all awards he may have earned.

2.  The applicant states he served with the 3rd Platoon, C Troop, 1st Squadron, 4th Cavalry, 1st Infantry Division, in the Republic of Vietnam (RVN).

3.  The applicant did not provide any additional evidence.

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 records show he was inducted into the Army of the United States on 16 September 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11E (Tank Crewman).

3.  His records also show he served in the RVN from on or about 10 August 1967 to on or about 9 August 1968.  He was assigned to C Troop, 1st Squadron,
4th Cavalry and served in duty MOS 11E as a gunner.

4.  On 24 October 1967, Headquarters, Americal Division published Special Orders Number 136 awarding him primary MOS 63C (Vehicle Repairman) and withdrawing MOS 11E, effective 22 October 1967.

5.  On 18 June 1968, Headquarters, 1st Infantry Division published Special Orders Number 170 promoting him to SGT, effect and with a date of rank of        1 June 1968.  It also awarded him primary MOS 11B (Light Weapons Infantryman) and secondary MOS 63C.

6.  He was honorably released from active duty on 10 August 1968 and he was transferred to the U.S. Army Reserve (USAR) Control group (Annual Training) for completion of his Reserve obligation.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Army Good Conduct Medal, RVN Campaign Medal with Device (1960), and 2 overseas service bars.

8.  Headquarters, 1st Infantry Division, General Orders Number 7239, dated 23 July 1968, awarded him the Bronze Star Medal for meritorious achievement from 4 February 1968 to 2 July 1968.

9.  Headquarters, 1st Infantry Division, General Orders Number 8586, dated 18 August 1968 awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 21 May 1968.  The orders cited the following action:

On this date, [Applicant] was serving as driver of an armored cavalry assault vehicle as his platoon was returning to their night defensive position after a reconnaissance in force operation in the Iron Triangle.  Suddenly, a recovery vehicle struck a land mine, injuring several men.  [Applicant] immediately deployed his vehicle to provide security for the 
recovery vehicle.  Another vehicle, which was also maneuvering to 

provide security, struck a second mine and was thrown to its side and set 
afire.  Without regard to his own personal safety, he immediately dismounted his vehicle and went to assist the men who were wounded by the exploding mine.  He helped treat them and assisted in evacuating 
them to a position of safety.  He then returned to the area and continued to assist in the evacuation operation.  His dauntless courage and concern for the welfare of his comrades were an inspiration to the other men and contributed significantly to the successful outcome of the perilous situation….

10.  Headquarters, 1st Armored Division, Fort Hood, TX, issued the following orders:

	a.  Special Orders Number 271, dated 16 November 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

	b.  Special Orders Number 39, dated 21 February 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar.

	c.  Special Orders Number 40, dated 23 February 1967, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar.

	d.  Special Orders Number 168, dated 17 July 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

11.  No orders in his records show he was awarded the Combat Infantryman Badge.

12.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge pertaining to the applicant.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to C Troop,
1st Squadron, 4th Cavalry, his unit was awarded the Valorous Unit Award for service from 31 January 1968 to 31 May 1968 based on Department of the Army General Orders (DAGO) 31, dated 1967; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1966 to
16 October 1968 based on DAGO 53, dated 1970.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that he participated in four campaigns during his tour of duty in the RVN as follows:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 19968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968)

15.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  Army Regulation 600-8-22 provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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.  
U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Combat Infantryman Badge and all other awards he may have earned.

2.  General orders awarded him two awards of the Bronze Star Medal, one of which is with a "V" Device; but neither is shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal (1st Oak Leaf Cluster) and with "V" Device.

3.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar, Marksman Marksmanship Qualification Badge with Pistol Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar
(M-16), which are not shown on his DD Form 214.  Therefore, he is entitled to correction of records to show these qualification badges.

4.  General orders awarded the applicant’s unit of assignment in the RVN the Valorous Unit Award and RVN Gallantry Cross with Palm Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

5.  The evidence of record shows he was awarded the Vietnam Service Medal.  He also participated in four campaigns while serving in the RVN.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  With respect to the Combat Infantryman Badge, the applicant's heroism and his service in Vietnam are not in question.  However, the evidence of record does not show he served in active ground combat with his cavalry unit as an infantryman on or after 1 June 1968, the effective date of his award of his 11B primary MOS.

7.  In the absence of evidence that he was an infantryman who actively participated in ground combat while assigned to his cavalry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.

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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal, and

	b.  adding to item 24 of his DD Form 214 the following awards:

* Bronze Star Medal (1st Oak Leaf Cluster) and with "V" Device
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 the Combat Infantryman Badge.



      ___________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)                                         AR20090017966



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ABCMR Record of Proceedings (cont)                                         AR20090017966



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