IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110012786 


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 (CIB).

2.  The applicant states he was an infantryman during the entire time he was in the Republic of Vietnam (RVN).  He believes his medals speak for him.  He further states he was dressed out with the CIB, but he has no orders.  He feels he is entitled to such orders for which he served proudly and voluntarily.

3.  The applicant provides:

* his DD Form 214
* three orders awarding him the Army Commendation Medal (ARCOM), two with "V" Device for valor

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.  Evidence of record and background information:

	a.  On 14 May 1969, the applicant was inducted into the Army of the United States.  He completed training and he was awarded military occupational specialty (MOS) 11C (infantryman indirect fire crewman).

	b.  The applicant was awarded the following marksmanship qualification badges:

* Special Orders Number 132, issued by Headquarters, First Basic Combat Training Brigade, Fort, Ord, CA, dated 1 July 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders Number 174, issued by Headquarters, Second Advanced Individual Training (AIT) Brigade, Fort Ord, dated 24 August 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Mortar Bar (81mm)

	c.  On 20 September 1969, the applicant departed Fort Ord for duty in the RVN and he arrived in-country on 8 October 1969.

	d.  On 20 October 1969, the applicant was assigned for duty with the Replacement Detachment and Company A, 7th Support Battalion, 199th Infantry Brigade.

	e.  On 3 November 1969, the applicant was assigned to Company D,
3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade an ammunition bearer.  While assigned to this battalion, the following orders were published:

* General Orders (GO) Number 591, dated 1 March 1970, awarded him the ARCOM with "V" Device for heroism while participating in an ambush operation with his unit against an armed hostile force on
12 January 1970
* GO Number 793, dated 3 April 1970, awarded him the ARCOM for meritorious service during the period 9 October 1969 to 8 March 1970


* GO Number 2988, dated 7 July 1970 awarded him the ARCOM with "V" Device for heroism while participating in an ambush operation with his unit against an armed hostile force on 29 March 1970
* GO Number 3834, dated 20 August 1970, awarded him the ARCOM for meritorious achievement during the period 8 March to 7 August 1970
* GO Number 972, dated 3 September 1970, awarded him the Army Good Conduct Medal (1st Award) for the period 14 May 1969 to date of separation on or about (DOSOA) 15 December 1970

	f.  On 24 March 1970, the applicant was advanced to the rank/grade of specialist four (SP4)/E-4.

	g.  On 25 September 1970, the applicant was assigned to Company D,
1st Battalion, 7th Cavalry Regiment, 1st Armored Division as an automatic rifleman.

	h.  On 16 October 1970, the applicant was assigned to Company E,
1st Battalion, 7th Cavalry Regiment, 1st Armored Division as an automatic rifleman.

	i.  On 14 November 1970, he departed the RVN en route to the United States for separation processing.

3.  On 18 November 1970, the applicant was honorably released from active duty.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed
1 year, 6 months, and 5 days of total active service.

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

* National Defense Service Medal
* Vietnam Service Medal
* RVN Vietnam Campaign Medal with Device (1960)
* Air Medal
* Army Commendation Medal


5.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual
military decorations, Army Good Conduct Medal, service medals and ribbons,
combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Combat Infantryman Badge 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states 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.

	b.  paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  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 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)

	c.  the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” Device may be worn on awards of these medals.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows the:

	a.  7th Infantry Regiment, 199th Infantry Brigade, during the time of the applicant's assignment, was cited for the:


* Meritorious Unit Commendation for the period 1 January 1969 through 30 June 1970 by Department of the Army General Orders (DAGO) Number 50, dated 1971
* RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 by DAGO Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation  for the period 12 December 1966 through 31 August 1970 by DAGO Number 51, dated 1971

	b.  7th Cavalry Regiment, 1st Armored Division, during the time of the applicant's assignment, was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 by DAGO Number 42, dated 1972.

7.  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.  The applicant contends he is entitled to the CIB and his DD Form 214 should be corrected to show this award because he served proudly and voluntarily as an infantryman in the RVN.

2.  The evidence of record shows the applicant was awarded an infantry MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  Furthermore, his two awards of the ARCOM with "V" Device for heroism while participating in ambush operations with his unit indicates he served in combat.  Therefore, he should be awarded the CIB effective
12 January 1970 and his DD Form 214 should be corrected to show this award.

3.  The applicant participated in four campaign phases during his service in the RVN.  Therefore, he is entitled to four 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.  General orders awarded the applicant four ARCOMs, two of which were with "V" Device for valor.  Therefore, his DD Form 214 should be corrected to show the ARCOM (4th Award) and with "V" Device.


5.  General orders awarded the applicant the Army Good Conduct Medal
(1st Award) for the period 14 May 1969 through DOSOA 15 December 1970.  Therefore, his DD Form 214 should be corrected to show this award.

6.  During the applicant's period of assignment, his units were cited for award of the Meritorious Unit Commendation, two awards of the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.

7.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle and Mortar Bars.  Therefore, his DD Form 214 should be corrected to show these weapons qualification badges.

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 and the Vietnam Service Medal;

	b.  awarding him the Combat Infantryman Badge effective 12 January 1970;

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

* Army Commendation Medal (4th Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars


* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal first Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Mortar (81mm) Bars



		___________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)                                         AR20110012786



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ABCMR Record of Proceedings (cont)                                         AR20110012786



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