IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100023156 


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

2.  He states he served with Company A, 1st Battalion, 12th Cavalry, 1st Cavalry Division as a rifleman in military occupational specialty (MOS) 11B for 1 year.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the Combat Infantryman Badge; however, it is crossed out for some reason.  He thinks there is substantial evidence that he did earn and qualify for this award.  He does not understand why he was not awarded a Combat Infantryman Badge.

3.  He provides his DA Form 20 and 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 was inducted into the Army of the United States on 11 June 1968 for 2 years.  He completed training and he was awarded MOS 11B (light weapons infantryman).  He served in Vietnam from 14 December 1968 to
10 December 1969.  He was assigned to Companies A and E, 1st Battalion,
12th Cavalry, 1st Cavalry Division.

3.  General Orders Number 13231, issued by Headquarters, 1st Cavalry Division, dated 25 October 1969, awarded him the Army Commendation Medal for meritorious service in Vietnam during the period December 1968 to November 1969.

4.  General Orders Number 15017, issued by the same headquarters, dated 25 November 1969, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 13 September 1969.  The citation reads:

[Applicant] distinguished himself by valorous action on 13 September 1969, while serving with Company E, 1st Battalion (Airmobile), 12th Cavalry, in Tay Ninh Province, Vietnam.  When his unit became engaged with a determined force located in concealed positions, with complete disregard for his own safety, he unhesitantly exposed himself to the intense hostile fire as he moved forward to the point of the heaviest contact and began placing a heavy volume of suppressive fire on the enemy positions.  His display of personal bravery and devotion to duty was in keeping with the highest traditions of the military service, and reflected great credit upon himself, his unit, and the U.S. Army.

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 10 June 1970, at the expiration of his term of service. He was 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
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 
Army Commendation Medal
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action or a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  Item 41 of his DA Form 20 shows the Combat Infantryman Badge was listed then crossed out.  There are no orders in his records awarding him the Combat Infantryman Badge.

9.  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 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.

10.  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 an infantry platoon of cavalry unit would be eligible for award of the Combat Infantryman Badge if other criteria were also met.

11.  Army Regulation 672-5-1 (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 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.

12.  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 four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

13.  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 1st Battalion, 12th Cavalry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order Number 56, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

14.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal on 25 October 1969 and the Army Commendation Medal with "V" Device on 25 November 1969.  The Army Commendation Medal with "V" Device is not shown on his DD Form 214.  Therefore, he is entitled to correction of his
DD Form 214 to show this award.

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 Army Commendation Medal with "V" Device for heroism on 13 September 1969 in Vietnam.  He distinguished himself by valorous action when his unit became heavily engaged with a determined force located in concealed positions.  The applicant unhesitantly exposed himself to the intense hostile fire as he moved forward to the point of the heaviest contact and began placing a heavy volume of suppressive fire on the enemy positions.

	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.  While in the Army, he attained the rank/grade of SP4/E-4, he served in Vietnam, he was awarded the Army Commendation Medal with "V" Device, and he received "excellent" conduct and efficiency ratings throughout his period of service.  Therefore, he is entitled to award of the Army Good Conduct Medal
(1st Award) for the period 11 June 1968 through 10 June 1970 and correction of his DD Form 214 to show this award.

4.  He participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to one additional bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the additional bronze service star.

5.  The applicant's unit in Vietnam during his period of service was cited for award of two Republic of Vietnam Gallantry Cross with Palm Unit Citations.  He is only authorized to wear one award of this unit citation; however, he is entitled to show both awards on his DD Form 214.  Therefore, his DD Form 214 should be corrected accordingly.

6.  His unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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:

* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 11 June 1968 through 10 June 1970;

	c.  awarding him the Combat Infantryman Badge for action on 13 September 1969; and

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

* Army Commendation Medal (2nd Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _________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)                                         AR20100023156



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ABCMR Record of Proceedings (cont)                                         AR20100023156



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