IN THE CASE OF:	

		BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110017544 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show award of the Combat Infantryman Badge.

2.  He states he was given the medal and assumed he had been authorized the award.  He received both the Purple Heart and the Air Medal.

3.  He provides:

* a DD Form 603-1 (Registration of War Trophy Firearms)
* General Orders Number 3008
* Headquarters Company, 1st Battalion, 5th Cavalry, letter addressed to applicant
* Unit Orders Number 22
* lifetime member certificate of Mongoose Bravo
* Air Medal citation
* Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 4095
* his DD Form 214
* DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist)
* U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 09-1188077
* DA Form 20 (Enlisted Qualification Record)

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.  He was inducted into the Army on 23 September 1965.  He completed training and was awarded the military occupational specialty of 11H (infantry indirect fire crewman).  He was promoted to the rank of sergeant/pay grade E-5.

3.  Item 31 (Foreign Service) of his DA Form 20 shows he was credited with service in Vietnam from 14 July 1966 through 23 July 1967.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows during his tour of duty in the Republic of Vietnam (RVN) he performed duties as:

* an ammunition bearer while assigned to Company D, 1st Battalion, 5th Cavalry, 1st Cavalry Division, during the period 10 August to 11 November 1966
* a wheel vehicle mechanic while assigned to Headquarters and Headquarters Company, 1st Battalion, 5th Cavalry, 1st Cavalry Division, during the period 12 November 1966 to 20 July 1967

5.  Item 40 (Wounds) of his DA Form 20 shows he received fragment wounds to his body on 25 August 1966.

6.  On 24 January 1967, his MOS of 11H was withdrawn and he has awarded MOS 63B (wheel vehicle mechanic).

7.  General Orders Number 3008, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 25 August 1966, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 15 August 1966.

8.  He was honorably released from active duty on 22 July 1967 and he was transferred to the U.S. Army Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed a total of 1 year and 10 months of active service.

9.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Air Medal
* Purple Heart
* Overseas Service Bar
* Marksman Marksmanship Qualification Badge (Rifle M-14 and Pistol .45)
* Expert Marksmanship Qualification Badge (M-60 and 106 Millimeter Recoilless Rifle)

10.  The available records are void of any orders or other documents that indicate he was recommended for or awarded the Combat Infantryman Badge by the proper authority.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards states there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

12.  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.  Additionally, Appendix V of this regulation 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.

13.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his tour of duty in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  

   a.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.
   
   b.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 5th Cavalry, 1st Cavalry Division, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965-19 May 69.

DISCUSSION AND CONCLUSIONS:

1.  His records show he held and served in an infantry MOS in a cavalry regiment until 12 November 1966 during his service in the RVN.  His Purple Heart order states he received wounds in August 1966 in connection with military operations against a hostile force.  Therefore, it appears he met the qualifications for the Combat Infantryman Badge; and as such, it would be appropriate to award him the Combat Infantryman Badge and add it to his DD Form 214.

2.  He participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  He was credited with serving in Vietnam for 1 year.  Therefore, he is entitled to correction of his DD Form 214 to show two Overseas Service Bars.

4.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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 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 Combat Infantryman Badge; 

   b.  deleting the Vietnam Service Medal and Overseas Service Bar from his DD Form 214; and

	c.  adding to his DD Form 214:

* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* two Overseas Service Bars
* RVN 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)                                         AR20110017544



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ABCMR Record of Proceedings (cont)                                         AR20110017544



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