IN THE CASE OF:	  

		BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100016811 


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 his Combat Infantryman Badge (CIB). 

2.  He states he served with Company D, 1st Battalion, 12th Cavalry in the Republic of Vietnam (RVN) from July 1968 to February 1969.  He was engaged in active ground combat on numerous occasions and was awarded the Purple Heart for wounds received in August 1968.  

3.  He provided the following documentation in support of his request:

* A copy of General Orders (GO) Number 11719, Headquarters (HQ), 1st Air Cavalry Division, dated 3 September 1968, for award of the Purple Heart
* A copy of GO Number 1765, HQ, 1st Cavalry Division (Airmobile), dated 13 February 1969, for award of the Air Medal
* A copy of his DD Form 214
* A copy of his Department of Veterans Affairs service connected Purple Heart identification card

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.  His records show he was inducted into the Army on 14 February 1968.  Upon completion of basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served a tour in Vietnam during the period 20 July 1968 through 
19 July 1969.   

4.  Item 38 (Record of Assignments) of his DA Form 20 shows during his tour in Vietnam he served as follows:

* 25 July 1968 – 25 February 1969 in MOS 11B as a rifleman with Company D, 1st Battalion, 12th Cavalry, 1st Cavalry Division
* 26 February 1969 – 14 July 1969 in MOS 67A (Aircraft Maintenance Apprentice) as a door gunner with HQ and HQ Company, 227th Aviation Battalion, 1st Cavalry Division

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart
* Air Medal
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Army Commendation Medal, per GO Number 7499, dated 1969 
* Army Good Conduct Medal (First Award), per GO Number 19, dated 1970
* Two Overseas Service Bars




6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Air Medal 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Two Overseas Service Bars

7.  He provided a copy of the GO which awarded him the Purple Heart for wounds received in action on 14 August 1968 and a copy of GO 1765 which awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam.  

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 
and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the CIB.   

9.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

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

* Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)

11.  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 shows that during the applicant’s assignments to the RVN, his units received the following awards:
	a.  Company D, 1st Battalion, 12th Cavalry, 1st Cavalry Division was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period         
1 January 1969 to 1 February 1970, by Department of the Army General Orders 42 dated 1972; and

	b.  227th Aviation Battalion was awarded the Valorous Unit Award (VUA) on
6 March 1969, by Department of the Army General Orders 39, dated 1970.

12.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states 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.  His request for correction of his records to show award of the CIB was carefully considered and was found to have merit.

2.  The evidence of record confirms that while serving in combat operations in Vietnam, the applicant served in an infantry duty MOS (11B) in a qualifying infantry unit (1st Battalion, 12th Cavalry, 1st Cavalry Division).  He was awarded the Purple Heart in MOS 11B for wounds received in connection with military operations against a hostile force.  As a result, the regulatory criteria to support award of the CIB has been satisfied.  Therefore, there is sufficient evidence to award him the CIB and to have this award added to his records.

3.  His DA Form 20 shows he was awarded the Army Good Conduct Medal (First Award) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this individual award.

4.  His DA Form 20 also shows he was awarded the RVN Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  During his period of service in Vietnam, GO awarded his units of assignment the RVN Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and VUA.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  He was previously awarded the Vietnam Service Medal.  His records show he participated in four campaigns while serving in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 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,

	b.  awarding him the Combat Infantryman Badge for the period 25 July 1968 through 25 February 1969, and
   
   c.  adding to item 24 of his DD Form 214 the:

* Combat Infantryman Badge
* Army Good Conduct Medal (First Award) 
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Valorous Unit Award




      _______ _   _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)                                         AR20100016811





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ABCMR Record of Proceedings (cont)                                         AR20100016811



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