BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001408 


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).

2.  He states he received three awards of the Purple Heart, and the Air Medal.  Additionally, he states he held an infantry military occupational specialty "(MOS) 11C," but he never received the CIB.

3.  He provides 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's military records show he was inducted into the Army of the United States on 15 November 1967.  After completing basic and advanced individual training he was awarded MOS 11C (Infantryman Indirect Fire Crewman).  He served in Vietnam from 13 May 1968 to 2 April 1969 and he was honorably released from active duty on 11 July 1969.

3.  During his tenure in Vietnam he was assigned to Company B, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division in duty MOS 11B with duty as a gunner until he was medically evacuated and hospitalized.  

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

* National Defense Service Medal
* Purple Heart
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Overseas Service Bar 
* Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  General Orders Number 35, dated 3 July 1969, show the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 4 March 1969.  However, there is no indication that he was awarded subsequent awards of the Purple Heart.  Additionally, the Vietnam casualty roster indicates he was only wounded on one occasion.

6.  There is no record of courts-martial or a commander's disqualification statement for award of the Army Good Conduct Medal (AGCM) contained in his records.  Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

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 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 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.


8.  A review of the applicant's record indicates that he is entitled to additional awards that are not shown on his DD Form 214.  

9.  Army Regulation 672-5-1 (Military Awards) stated that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Army Regulation 600-8-22 states the Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows the 2nd Battalion, 5th Cavalry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969, during the period the applicant was assigned to the unit.

12.  Appendix B of Army Regulation 600-8-22) states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase IV - (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V - (1July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI - (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive - (23 February - 8 June 1969)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant held an infantry MOS and he served as a gunner with Company B, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division during his assignment in Vietnam.  The Purple Heart that he received for wounds in action on 4 March 1969 is accepted as sufficient evidence to show he engaged in active ground combat.  Therefore, he met the requirements and is entitled to award of the CIB and to have this badge added to his DD Form 214. 

2.  The evidence of record shows he received "excellent" conduct and efficiency ratings throughout his period of service, he had no adverse actions, and there is no record of a commander's disqualification for award of the AGCM.  Therefore, he is entitled to the first award of the AGCM for the period 15 November 1967 to 11 July 1969 and to correction of his DD Form 214 to show this medal.

3.  The evidence of record shows he served in Vietnam from 13 May 1968 to
2 April 1969.  Therefore, he served a period of qualifying service for award of the VSM and to have this medal added to his DD Form 214 

4.  The evidence of record shows his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for achievement during his period of assignment.  Therefore, he is entitled to correction of DD Form 214 to show this unit award.

5.  Additionally, evidence shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of four bronze service stars for wear on his VSM.

BOARD VOTE:

__x____  __x______  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 15 November 1967 to 11 July 1969; and





   b.  adding to item 24 of his DD Form 214 the CIB, AGCM, VSM with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110001408



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ABCMR Record of Proceedings (cont)                                         AR20110001408



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