IN THE CASE OF:	  

		BOARD DATE:	    31 May 2011

		DOCKET NUMBER:  AR20100028538 


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 record to show he was awarded the Combat Infantryman Badge (CIB).

2.  He states the CIB was issued in the field in 1969 and his commanding officer assured him it would be added to his record.

3.  He provides a self-authored statement and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 10 December 1968.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and assigned for duty in Vietnam.  He was honorably released from active duty on 17 July 1970 by reason of early separation of an overseas returnee.  He completed 1 year, 7 months, and 8 days of total active service.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) he was credited with service in Vietnam from 19 May 1969 through 16 July 1970;
   
   b.  item 38 (Record of Assignments) he was assigned for duty in Vietnam with: 
   
* Company D, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), in duty MOS 11B from 23 May to 19 June 1969 and from 9 August 1969 to 15 May 1970 
* Headquarters and Headquarters Company (HHC) and Band, Support Command, 1st Cavalry Division (Airmobile) in duty MOS 11B from 20 June to 8 August 1969 and in duty MOS 71B (Clerk Typist) from 16 May to 11 July 1970

c.  item 38 he received all "excellent" conduct and efficiency ratings; 

d.  item 40 (Wounds) he received fragment wounds to his left side and back and a wound to his left big toe on 5 September 1969; 

e.  item 41 (Awards and Decorations) he was authorized the following decorations:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Purple Heart
* one Overseas Service Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal (AM)
* Bronze Star Medal (BSM)
* Marksman Marksmanship Qualification Badge with Rifle Bar

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

* NDSM
* VSM
* Vietnam Campaign Medal
* Purple Heart
* AM
* BSM

5.  The record is void of documentation showing he was awarded the CIB.

6.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the CIB to him.

7.  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 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.  U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

8.  Review of his record indicates entitlement to additional awards and decorations not shown on his DD Form 214.

9.  The record does not show he was awarded the Army Good Conduct Medal (AGCM).  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM.  

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  His service in Vietnam coincided with five campaigns:

* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

12.  Special Orders Number 31, issued by Headquarters, First Basic Combat Training Brigade, on 12 February 1969, awarded him the Expert Marksmanship Qualification Badge with Grenade Bar.

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, 7th Cavalry, was cited for award of the:

* Valorous Unit Award (VUA) for the period 1 May to 29 June 1970, by Department of the Army General Order (DAGO) Number 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the following periods:

* May 1969 to February 1970, by DAGO 42, dated 1972, as amended by DAGO 11, dated 73, 
* 21 February 1970 to 28 February 1971, by DAGO 42, dated 1972
* 17 Sep 1965 to June 1972, by DAGO 54, dated 1974

* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970, by DAGO 42, dated 1972

14.  Department of the Army Pamphlet 672-3 shows the HHC and Band, 1st Cavalry Division Support Command, was cited for award of the Meritorious Unit Commendation (MUC) for the following periods:

* 1 June 1968 to 30 November 1969, by DAGO 2, dated 1971
* 1 January 1970 to 21 February 1971,  by DAGO 18, dated 1979

15.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.



DISCUSSION AND CONCLUSIONS:

1.  The applicant was an infantryman assigned to a cavalry unit when he was wounded in action on 5 September 1969, and he was awarded the Purple Heart for his wounds.  In light of this evidence, it is reasonable to presume he met the criteria for award of the CIB.  Accordingly, it would be appropriate to correct his record to show this badge.  

2.  He received all "excellent" conduct and efficiency ratings throughout his service.  He was not the subject to any disciplinary actions and there is no record of a commander's disqualification for award of the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

3.  He was awarded the VSM.  His records show he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star for wear on his previously-awarded VSM.

4.  He was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  He served in units during periods for which they cited for the VUA, MUC (two awards), RVN Gallantry Cross with Palm Unit Citation (three awards, but two were overlapping), and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 AGCM (1st Award) for the period 10 December 1968 through 17 July 1970;

	b.  deleting the VSM from item 24 of his DD Form 214; and

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

* AGCM (1st Award)
* VSM with one silver service star
* CIB
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* VUA
* MUC (2nd Award)
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN 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)                                         AR20100028538





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ABCMR Record of Proceedings (cont)                                         AR20100028538



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