IN THE CASE OF:  

		BOARD DATE:  22 November 2011

		DOCKET NUMBER:  AR20110010682
 

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 he was awarded he Combat Infantryman Badge and Air Medal (4th Oak Leaf Cluster) [subsequent awards are now shown with numerals, e.g., Air Medal with Numeral 5].

2.  The applicant states he was awarded the Combat Infantryman Badge in 1965 while stationed in An Khe and he was awarded the fifth award of the Air Medal in 1966 for meritorious service in Vietnam.

3.  The applicant provides copies of the Air Medal Citation and 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 1 April 1964.  He completed training and was awarded military occupational specialty (MOS) 112.00 (Heavy Weapons Infantryman) he was later reclassified into MOS 11C (Infantry Indirect Fire Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  in item 38 (Record of Assignments) that he was assigned in Vietnam to Troop B, 1st Squadron, 9th Cavalry, 1st Cavalry Division, with duty as an infantry indirect fire crewman from 15 September 1965 until 5 November 1965 when he was transferred as a patient to the Medical Holding Company, 7th Field Hospital.  He returned to his unit on 11 March 1966 for duty as a door gunner until he departed Vietnam on 18 August 1966.

	b.  in item 41 (Awards and Decorations) that he was awarded or authorized the Vietnam Service Medal, Purple Heart, Air Medal (1st Oak Leaf Cluster), Air Crewman Badge [Aircraft Crew Member Badge], National Defense Service Medal, and Republic of Vietnam Campaign Medal.

4.  General Orders Number 1413, Headquarters, U.S. Army Vietnam, dated 4 November 1965, awarded him the Purple Heart for wounds received in action on 3 November 1965.

5.  General Orders Number 2781, Headquarters, 1st Cavalry Division (Airmobile), dated 11 August 1966, awarded him the Air Medal (4th Oak Leaf Cluster) for meritorious achievement while participating in aerial flight during the period 15 April 1966 to 15 May 1966.

6.  General Orders Number 2831, Headquarters, 1st Cavalry Division (Airmobile), dated 13 August 1966, awarded him the Bronze Star Medal for meritorious service during the period 15 September 1965 to 16 July 1966.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 31 March 1967 as a sergeant/E-5.  He completed 3 years of total active service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Aircraft Crewman Badge, Vietnam Service Medal with two bronze service stars, Purple Heart, Air Medal with 1st Oak Leaf Cluster, National Defense Service Medal, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Grenade Bar.
9.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  He received all "excellent" conduct and efficiency ratings.

10.  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 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

11.  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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) 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.

12.  U.S. Army Vietnam Regulation 672-1, in effect at the time, specifically governed award of the Combat Infantryman Badge to Army Forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge was not an award for being shot at or for undergoing the hazards of day-to-day combat."

13.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for 
each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Defense Campaign	8 March-24 December 1965
* Vietnam Counteroffensive	25 December 1965-30 June 1966
* Vietnam Counteroffensive Phase II	1 July 1966-31 May 1967


14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 1st Squadron, 9th Cavalry was cited for award of the Presidential Unit Citation for the period 23 October-26 November 1965 by Department of the Army General Orders (DAGO) Number 40, dated 1967, and Troop B, 1st Squadron, 9th Cavalry, was cited for award of the Valorous Unit Award for the period 9-16 August 1966 by DAGO Number 15, dated 1968.

15.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record contains orders showing he was awarded the Bronze Star Medal and the Air Medal with Numeral 5.  His DD Form 214 should be corrected to show these awards.

2.  The evidence clearly shows the applicant held an infantry MOS and 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 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.  He was awarded the Purple Heart for wounds received in action against a hostile force on 3 November 1966 while he was assigned as an infantryman.  He qualifies for award of the Combat Infantryman Badge.

3.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his promotion to sergeant and there is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

4.  Records show the applicant participated in three campaign periods during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  During the applicant's assignment to his unit in Vietnam it was cited for awards of the Presidential Unit Citation, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  His DD Form 214 should be corrected to show these awards.

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 Army Good Conduct Medal (1st Award) for the period 1 April 1964 through 31 March 1967,

	b.  awarding him the Combat Infantryman Badge, on 3 November 1965

	c.  deleting all entries from item 24 of his DD Form 214, and

	d.  adding the following awards to item 24 of his DD Form 214:

* Bronze Star Medal
* Purple Heart
* Air Medal with Numeral 5
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Aircraft Crewmember Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars
* Presidential Unit Citation
* Valorous Unit Award
* 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)                                         AR20100025029



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010682



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1