IN THE CASE OF:	  

		BOARD DATE:	  6 January 2011

		DOCKET NUMBER:  AR20100017552 


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).  

2.  He states his military occupational specialty (MOS) was 11H (Indirect Fire Crewman) and he was not given a CIB.

3.  He provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 was inducted into the Army of the United States on 28 August 1967.  At the completion of basic combat training and advanced individual training, he was awarded MOS 11H.
3.  He served in Vietnam from 16 February 1968 to 12 February 1969 with Troop D, 1st Squadron, 9th Cavalry.  He performed duties as a loader in duty MOS 11H and as a grenadier in duty MOS 11B.

4.  Headquarters, 1st Air Cavalry Division, General Orders Number 10057, dated 16 August 1968, show he was awarded the Purple Heart for wounds received in action on 12 August 1968 against a hostile force.   

5.  Headquarters, 197th Infantry Brigade, General Orders Number 125, dated 12 August 1969, show he was awarded the Army Good Conduct Medal (First Award) for the period 28 August 1967 to date of separation on or about 27 August 1969.  

6.  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 orders for the CIB.  

7.  He was released from active duty on 27 August 1969.  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 with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Army Commendation Medal
* Air Medal
* Two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Pistol (.45 Caliber) and Rifle (M-16) Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  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.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) 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 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, he participated in the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed infantry training and he was awarded MOS 11H.  He was assigned to Troop D, 1st Squadron, 9th Cavalry as a loader and grenadier (as an 11B) during his tour in Vietnam.  In addition, he was awarded the Purple Heart involving military operations against a hostile enemy force, which shows he engaged in actual ground combat while serving as an 11B.  Therefore, he should be awarded the CIB and his DD Form 214 should be amended to show this badge.  

2.  Orders show he was awarded the Army Good Conduct Medal (First Award); therefore, this award should be added to his DD Form 214.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  He was assigned to a unit which served in Vietnam.  Therefore, his DD Form 214 should be amended to show this unit award.

4.  His DD Form 214 currently reflects the Vietnam Service Medal with two bronze service stars.  Additionally, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his Vietnam Service Medal.



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 CIB; 

	b.  amending his DD Form 214 by adding the CIB, Army Good Conduct Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  deleting the Vietnam Service Medal with two bronze service stars from item 24 of his DD Form 214 and replacing it with the Vietnam Service Medal with four bronze service stars.  




      _______ _   _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)                                         AR20100017552





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ABCMR Record of Proceedings (cont)                                         AR20100017552



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