IN THE CASE OF:	  

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110019042 


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 the Combat Infantryman Badge and any other awards that were omitted from his DD Form 214.

2.  The applicant states that while in Vietnam, he served with the 2nd Battalion, 12th Cavalry, 1st Cavalry Division as an infantryman.

3.  The applicant provides no additional evidence.  

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 on 21 November 1966 and upon completion of initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments): 

* he served with Company C, 2nd Battalion, 12th Cavalry Regiment as a rifleman from 7 June to 27 September 1967
* he was in a patient status from 28 September - 4 December 1967 in Japan and from 5 December 1967 to 6 February 1968 in Fort Riley, KS
* he received "excellent" conduct and efficiency ratings throughout his service with periods of "unknown" ratings while in a student and patient status

4.  The Combat Infantryman Badge is not included in item 41 (Awards and Decorations) of his DA Form 20.

5.  There are no orders in his Official Military Personnel File (OMPF) showing he was awarded the Combat Infantryman Badge; however, his OMPF contains a Western Union telefax indicating that on 22 September 1967, he sustained a gunshot wound to his chest when he was hit by hostile sniper fire while in a combat operation.

6.  His OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

7.  On 20 November 1968, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 after completing 2 years of active service with no time lost.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Overseas Service Bar
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  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 (Awards and Decorations) 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.  

9.  Army Regulation 600-8-22 provides that a bronze service star is authorized with the Vietnam Service Medal for each campaign a member is credited with participating in while in Vietnam.  Appendix B of this regulation shows the campaigns for Vietnam.  During his tour in Vietnam, he participated in two campaigns:

* Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)

10.  Army Regulation 672-5-1 (Awards), in effect at the time, states 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 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during his assignment to the 2nd Battalion, 12th Cavalry Regiment, it was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded an infantry MOS and was wounded in action on 22 September 1967 when he sustained a gunshot wound to his chest caused by hostile sniper fire.  Although he was assigned to a cavalry regiment at the time, he was a member of Company C, 2nd Battalion, which indicates he was a member of an infantry platoon or squad.  Therefore, he is entitled to the Combat Infantryman Badge and correction of his DD Form 214 to show this badge.
2.  The evidence of record shows he received all "excellent" conduct and efficiency ratings except for "unknown" ratings during his periods of training/hospitalization.  His OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 21 November 1966 through 20 November 1968 and to correct his DD Form 214 to show this award.

3.  He participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two 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.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be further corrected to show this unit 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 from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Combat Infantryman Badge for actions on 22 September 1967;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
21 November 1966 through 20 November 1968; and


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

* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge



      _______ _   __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)                                         AR20110019042



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ABCMR Record of Proceedings (cont)                                         AR20110019042



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