IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100021543 


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 (CIB) and all other awards and citations he received.

2.  He states he was assigned to the 1st Battalion, 12th Cavalry Regiment, in Vietnam for 7 months and 28 days as an infantryman.  He received the Air Medal and feels he should have also received the CIB.

3.  He provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 20 November 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He arrived in Vietnam on 11 July 1970.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company D, 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division, on 22 July 1970 and performed duties as a rifleman in duty MOS 11B.

4.  He was discharged on 25 August 1970 for the purpose of immediate reenlistment.  He completed 9 months and 4 days during this period with 2 days of lost time.

5.  On 26 August 1970, he reenlisted for a period of 3 years.  His highest grade attained during this period was specialist four.

6.  He was later reassigned to Company D and Company E of the 1st Battalion, 12th Cavalry Regiment, and to Headquarters and Headquarters Company (Rear), 1st Cavalry Division.

7.  Item 41 (Awards and Decorations) of his DA Form 20 doesn't list the CIB.  His personnel records do not contain orders which show he was awarded the CIB.

8.  He departed Vietnam on 19 April 1971.

9.  On 27 August 1973, he was released from active duty in the rank of specialist four.  He completed 3 years of creditable active service during his current enlistment with no days lost.  He received "excellent" conduct and efficiency ratings throughout his service.

10.  There is no record of any disciplinary action or a commander's disqualification for the first award of the Army Good Conduct Medal.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 27 August 1973 shows the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with one bronze service star
* one overseas service bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Air Medal

12.  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 unit to which he was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 by Department of the Army General Orders Number 42, dated 1972.

13.  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 (Decorations and Awards) provided for award of the CIB 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 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.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's contention that he was assigned to the 1st Battalion, 12th Cavalry Regiment, in Vietnam.  However, his service record lacks sufficient evidence on which to correct his records to show award of the CIB.

2.  To support award of the CIB, he is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat and he must have actively participated in such ground combat.

3.  Although the evidence of record shows he served as a rifleman in duty MOS 11B while assigned to the 1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division, during his tour of duty in Vietnam, his service doesn't indicate he was assigned to an infantry unit during such time as the unit engaged in active ground combat.  Therefore, it appears that he has not met the requirements for award of the CIB.

4.  The evidence of record doesn't show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 20 November 1969 through 19 November 1972.  He was advanced to specialist four and received "excellent" conduct and efficiency ratings during this period of active Federal service.  Although his record shows he had 2 days of lost time, there is no record of any disciplinary actions or a commander's disqualification for this award.  Therefore, he should be awarded the Army Good Conduct Medal (First Award) for the period 20 November 1969 through 19 November 1972 and his DD Form 214 for the period 27 August 1973 should be corrected to show this award.

5.  He was assigned to a unit in Vietnam that was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 for the period ending 27 August 1973 should be corrected to show this unit award.

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 concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (First Award) for the period 20 November 1969 through 19 November 1972 and

	b.  adding to item 24 of his DD Form 214 for the period ending 27 August 1973 the Army Good Conduct Medal (First Award) and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 award of the CIB.



      ____________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)                                         AR20100021543



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ABCMR Record of Proceedings (cont)                                         AR20100021543



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