IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022034 


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 the Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device.  He also requested award of the Combat Infantryman Badge and its addition to his DD Form 214.

2.  He states his DD Form 214 does not show these awards.  He further states he wants his DD Form 214 to show all of his medals he is authorized to wear.

3.  He provides:

* his DD Form 214
* General orders and citation for the Air Medal
* General orders and citation for the Bronze Star Medal
* General orders for the Bronze Star Medal with "V" Device

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 30 August 1966 for 2 years.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served in Vietnam from 20 February 1967 to 12 February 1968.  He was assigned to Company B, 2nd Battalion, 12th Cavalry, 1st Cavalry Division.

3.  General Orders Number 1429, issued by the same headquarters, dated 11 March 1968, awarded the applicant the Bronze Star Medal for meritorious service in the Republic of Vietnam from February 1967 to February 1968.

4.  General Orders Number 3225, issued by the same headquarters, dated
13 May 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 15 November 1967.  It cited the following reason:

[Applicant] distinguished himself by exceptionally valorous actions on 15 November 1967, while serving as a machine gunner with Company B,
2nd Battalion, 12th Cavalry, during a search and destroy mission in the
Que Son Valley, Vietnam.  When his unit became heavily engaged with a large enemy force, the applicant exposed himself to the hostile fire as he moved his machine gun forward to provide covering fire for his comrades, enabling them to safely cross an open area.  His action contributed greatly to the successful completion of the unit's mission.  The applicant's display of personal bravery and devotion to duty was in keeping with the highest tradition of the military service, and reflected great credit upon himself, his unit, and the U.S. Army.

5.  He was honorably early released from active duty in pay grade E-4 on 29 August 1968, at the expiration of his term of service, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

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

* National Defense Service Medal
* 
Army Good Conduct Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal

7.  There are no orders in his records awarding him the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 (Military Review) states the Combat Infantryman Badge 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations) provides 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.

9.  USARV Regulation 672-1 specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that personnel possessing an infantry MOS in a cavalry platoon of an armored cavalry troop would be eligible for award of the Combat Infantryman Badge if other criteria were also met.

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 three campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 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 Battalion, 12th Cavalry, was cited for award of the:

* Presidential Unit Citation for the period 2 January - 12 February 1968, by Department of the Army General Orders (DAGO) Number 42, dated 1970
* Valorous Unit Award for the period 1 - 31 October 1967, by DAGO Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 - 9 May 1969, by DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal on 11 March 1968 and the Bronze Star Medal with “V” Device on 13 May 1968.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  With respect to the Combat Infantryman Badge:

	a.  The evidence shows he was awarded and served in MOS 11B.  Although he was assigned to a cavalry unit, it appears he was assigned to an infantry squad or platoon within the cavalry unit.  

	b.  He was awarded the Bronze Star Medal with "V" Device for heroism on 15 November 1967 in Vietnam.  He distinguished himself by exceptionally valorous actions while serving as a machine gunner during a search and destroy mission in the Que Son Valley, Vietnam.  When his unit became heavily engaged with a large enemy force, the applicant exposed himself to the hostile fire as he moved his machine gun forward to provide covering fire for his comrades, enabling them to safely cross an open area.

	c.  It appears he met the criteria for award of the Combat Infantryman Badge. Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his DD Form 214 to show this award.

3.  He participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three 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 cited for award of the Presidential Unit Citation, Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  In view of the foregoing, his records should be corrected as recommended below.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Combat Infantryman Badge for action on 15 November 1967; and

	c.  adding to Item 24 of his DD Form 214 the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential 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)                                         AR20100022034



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ABCMR Record of Proceedings (cont)                                         AR20100022034



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