IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100014108 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of:

* Purple Heart
* Meritorious Service Medal (MSM)
* Combat Infantryman Badge (CIB)

2.  He states:

* the awards are not shown on his DD Form 214
* he was awarded the Purple Heart, Bronze Star Medal (BSM), and MSM and enclosed proof
* the CIB was never issued 
* he was an infantryman

3.  He provides:

* DD Form 214
* General Orders Number 2337
* Permanent Orders 27-43
* Certification of Military Service


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.  He submitted a Certification of Military Service which shows he served honorably in the Regular Army (RA) from 15 January 1971 to 30 October 1971.  Item 6 (Military Occupational Specialties (MOS)) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he was awarded primary MOS 11B (Light Weapons Infantryman) on 13 May 1971.

3.  The applicant's records show he reenlisted in the RA on 31 October 1971.

4.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 shows he served in the Republic of Vietnam (RVN) from 21 January 1972 to 10 August 1972.  Item 35 (Current and Previous Assignments) shows he was assigned to the 13th Security Detachment from 22 January 1972 to 15 April 1972 in MOS 11B and Troop C, 26th Cavalry, from 16 April 1972 to 27 September 1972 in MOS 11B.

5.  General Orders Number 2337 issued by Headquarters, 1st Aviation Brigade, on 11 August 1972 verifies his receipt of the Purple Heart for wounds received in connection with military operations against a hostile force on 16 July 1972 while assigned to the RVN.

6.  General Orders Number 2726 issued by Headquarters, 1st Aviation Brigade, on 26 September 1972 verifies his receipt of the BSM for meritorious service in connection with military operations against a hostile force from 23 January 1972 to 10 August 1972 while assigned to the RVN.

7.  General Orders Number 3686 issued by Headquarters, 1st Aviation Brigade, on 7 December 1972 verifies his receipt of the Distinguished Flying Cross for heroism in connection with military operations against a hostile force while serving as door gunner of a light observation helicopter conducting reconnaissance missions into areas controlled by enemy forces by placing automatic weapons fire upon suspected enemy locations on 22 July 1972 while assigned to the RVN.

8.  There is no evidence in the available record which shows the applicant was personally present and participated with a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.  Additionally, there is no evidence in the available record which shows the applicant was either recommended for or awarded the CIB.

9.  On 20 October 1974, he was honorably discharged for the purpose of immediate reenlistment after serving for a total of 2 years, 11 months, and 19 days of active service.  The DD Form 214 he was issued shows he was awarded the National Defense Service Medal (NDSM) and the Parachutist Badge.

10.  The applicant submitted a Certification of Military Service which shows he served honorably in the RA from 21 October 1974 to 5 November 1979.

11.  On 6 November 1979, the applicant reenlisted in the RA.

12.  Permanent Orders Number 27-43, Headquarters, 82nd Airborne Division, dated 7 February 1980, verifies the applicant's receipt of the MSM for meritorious service from 8 March 1975 to 5 December 1979.

13.  On 4 June 1980, the applicant was discharged honorably due to parenthood of married service women/sole parents.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Army Good Conduct Medal (3rd Award), NDSM, Vietnam Service Medal, BSM, Expert Marksmanship Qualification Badge with Tube-launched, Optically-tracked, Wire-guided Missile Bar, RVN Campaign Medal with Device (1960), one overseas service bar, RVN Gallantry Cross with Palm Unit Citation, Aircraft Crewman Badge, and Distinguished Flying Cross.

14.  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.

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

16.  Appendix B of Army Regulation 600-8-22 shows that participation credit was awarded for two campaigns while the applicant was assigned to the Republic of Vietnam.  Paragraph 2-13 provides guidance on the Vietnam Service Medal.  It states, in pertinent part, that one bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during his tenure of assignment he participated in the Consolidation II and the RVN Cease Fire campaigns.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart.  Therefore, he is entitled to correction of his record to show this award.

2.  Permanent orders show the applicant was awarded the MSM.  Therefore, he is entitled to correction of his records to show this award.

3.  Records show the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his record to show two bronze service stars affixed to his already-awarded VSM.

4.  The applicant's available record is void of any orders or other documents indicating he was recommended for or awarded the CIB by proper authority while serving on active duty.

5.  By regulation, in order to support award of the CIB there must not only be evidence that a member served in an infantry MOS while assigned to an infantry unit, but the individual must have been present and have participated with the unit while it was engaged in active ground combat with enemy forces.

6.  Although the evidence of record shows the applicant served in an infantry MOS during his tour of duty in the RVN, his record is void of any evidence that shows he was assigned or attached to an infantry unit of brigade, regimental, or smaller size and was personally present and participated with the unit while it was engaged in active ground combat with enemy forces.  Accordingly, the available evidence does not support award of the CIB.


BOARD VOTE:

________  _______   ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual be corrected by:

	a.  deleting the VSM from item 24 of his DD Form 214 for the period ending 4 June 1980 and

	b.  adding the Purple Heart, MSM, and VSM with two bronze service stars to his DD Form 214 for the period ending 4 June 1980.

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 showing award of the CIB.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20100014108



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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