IN THE CASE OF:	  

		BOARD DATE:  27 March 2012

		DOCKET NUMBER:  AR20110017132 


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:

* Air Medal (AM)
* Vietnam Service Medal (VSM) with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  He states the awards were omitted from his DD Form 214.

3.  He provides his DD Form 214, AM citation and certificate, and letter from the National Personnel Records Center (NPRC).

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 
18 September 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served 1 year, 2 months, and 1 day and was honorably released from active duty on 18 November 1969.

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

	a.  Item 31 (Foreign Service) he served in the U.S. Army, Pacific (USARPAC) Vietnam from 18 February through 13 June 1969.

	b.  Item 38 (Record of Assignments) shows the following:

* 4 March 1969, assigned to Company C, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division in duty MOS 11B
* 22 March 1969, assigned to Company B, 2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division in duty MOS 11B
* 13 June 1969, patient, Medical Hold Company, U.S. Army Hospital, Fort Gordon, GA 
* 29 September 1969, casual, enroute to Fort Benning, GA

4.  General Orders Number 6531, dated 26 May 1969, awarded him the Purple Heart for wounds received on 21 May 1969.

5.  General Orders Number 12653, dated 17 October 1969, show he was awarded the AM for the period February 1969 to July 1969.

6.  Item of 24 of his DD Form 214 shows the following:

* National Defense Service Medal
* VSM with one bronze service star 
* Purple Heart 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60)

7.  A letter from the NPRC, dated 12 August 2011, stated the agency was pleased to verify his entitlement to the following awards:

* Purple Heart
* National Defense Service Medal
* VSM with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Machine Gun Bar

8.  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 VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969)

9.  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 2nd Battalion, 5th Cavalry Regiment, during the period the applicant was assigned, was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 9 August 1965 to 19 May 1969 and May 1969 to February 1970 by Department of the Army General Orders Number 59 and 42 dated 1969 and 1972, respectively.

10.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Members qualified for award of the VSM who served less than 6 months of service and were wounded as a result of hostile action were also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

11.  Army Regulation 600-8-22 states the Combat Infantryman Badge (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.  

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

DISCUSSION AND CONCLUSIONS:

1.  Orders verify that the applicant was awarded the AM.  Therefore, his 
DD Form 214 should be corrected to show this award.

2.  He participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his already-awarded VSM.

3.  The evidence of record shows he is entitled to two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The evidence of record shows the applicant served in Vietnam from 
18 February through 13 June 1969.  He was wounded in action by hostile forces on 21 May 1969 as verified by his award of the Purple Heart and it appears that he was medically evacuated.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his records to show this award.

5.  His records show he served in an infantry MOS and was assigned to 2nd Battalion, 5th Cavalry Regiment.  His award of the Purple Heart is accepted as sufficient evidence to show he participated in active ground combat; therefore, he met the eligibility criteria for award of the CIB.  As a result, it would be appropriate to award him the CIB and to correct his DD Form 214 to show this 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 the VSM with one bronze service star from item 24 of his DD Form 214; 

   b.  awarding him the CIB effective 21 May 1969; and

   c.  adding to item 24 of his DD Form 214 the AM, CIB, VSM with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award).



      _______ _   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)                                         AR20110017132





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ABCMR Record of Proceedings (cont)                                         AR20110017132



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