IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100010288 


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 award of the Combat infantryman Badge (CIB) and any other awards which he may be entitled to.

2.  The applicant states that other Soldiers in the 1st Cavalry received the CIB.  He further states that the CIB is needed for Department of Veterans Affairs (DVA) purposes.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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
21 September 1966.  He completed training in military occupational specialty 
(MOS) 11D (armor intelligence specialist) and he was assigned to Troop B,
2d Squadron, 1st Cavalry, 2nd Armored Division, Fort Hood, TX.

3.  On 10 August 1967, the applicant's unit underwent a permanent change of station (PCS) move and became a part of the 4th Infantry Division in the Republic of Vietnam.

4.  The applicant was awarded the Bronze Star Medal with "V" Device for heroism on 15  January 1968, while serving as an armored cavalry assault vehicle member conducting bridge security and road clearance operations when it was suddenly taken under heavy enemy automatic weapons and rocket fire.  Although the applicant was wounded on initial contact, he continued to bring effective fire upon the hostile positions.

5.  His DA Form 20 (Enlisted Qualification Record) shows, in item 41 (Awards and Decorations), the National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal with "V" Device, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 August 1968 by reason of overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  His highest rank/grade held was specialist four (SP4)/E-4.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rife Bar (M-14), Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, Purple Heart, and the Bronze Star Medal with "V" Device.

8.  Army Regulation 600-8-22 (Military Awards) states the CIB 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.


9.  U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations), Appendix V, states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  The regulation also provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

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

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Squadron, 1st Cavalry, was cited for the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 August 1967 - 28 July 1969 Department of the Army General Order (DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 August 1967 - 28 July 1969 by DAGO Number 53, dated 1970

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested award of the CIB and any other awards to which he may be entitled.

2.  The applicant was assigned to a cavalry squadron of the 2nd Armored Division in the continental United States.  When deployed, his cavalry unit became part of the 4th Infantry Division in Vietnam.  During the 15 January 1968 action, for which he was awarded the Bronze Star Medal with "V" Device, he was serving as an armored cavalry assault vehicle crewmember.  As an armored cavalry crewmember the applicant did not meet the regulatory criteria for the CIB.  Therefore, it would not be appropriate to award him the CIB.

3.  The applicant served during four designated campaign phases during his tour in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  During his assignment to his unit in Vietnam, it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit citations.

5.  The applicant served in Vietnam from 10 August 1967 through 2 August 1968 for a credit of 12 months.  Therefore, he is entitled to two Overseas Service Bars and correction of his DD Form 214 accordingly.

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 one Overseas Service Bar; and 

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

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* two Overseas Service Bars

2.  The Board further determined 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)                                         AR20100010288



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ABCMR Record of Proceedings (cont)                                         AR20100010288



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