IN THE CASE OF:	  

		BOARD DATE:  24 April 2012

		DOCKET NUMBER:  AR20110020927


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), and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award and the Purple Heart.

2.  The applicant states:

* he served in combat in military occupational specialties (MOS) 11C (Indirect Fire Infantryman) and 11B (Light Weapons Infantryman)
* he served in a combat unit, Company D, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), in the Republic of Vietnam, from 20 September 1970 to 22 March 1971
* when he first arrived in the Republic of Vietnam, his MOS was 11C, but he was reclassified into MOS 11B five days after he arrived
* he was awarded the Purple Heart for wounds he received in combat, but his DD Form 214 does not reflect this award

3.  The applicant provides:

* DD Form 214
* General Orders Number 21491, Headquarters, 1st Cavalry Division (Airmobile), Republic of Vietnam, dated 11 December 1970
* General Orders Number 4469, Headquarters, 1st Cavalry Division (Airmobile), Republic of Vietnam, dated 2 March 1971
* General Orders Number 33, Headquarters, 24th Evacuation Hospital, Republic of Vietnam, dated 10 March 1971
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 14 May 1969.  He completed training and was awarded MOS 11C. 

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 9 September 1970 to on or about 22 March 1971.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his service in Vietnam he was assigned to:

* Company B, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), from on or about 20 September 1970 to on or about              24 September 1970, as an indirect fire crewman in MOS 11C
* Company D, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), from on or about 25 September 1970 to on or about 22 March 1971, as a squad leader, presumably in MOS 11B

4.  General Orders Number 33, Headquarters, 24th Evacuation Hospital, Republic of Vietnam, dated 10 March 1971, awarded him the Purple Heart for wounds received in action, in the Republic of Vietnam, on 7 March 1971.

5.  On 22 March 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he was credited with the completion of 1 year, 10 months, and 9 days of net service during this period of active duty.  

6.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

7.  His available records do not indicate he was previously awarded the CIB.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the applicant for the CIB.

9.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers, warrant officers, and enlisted Soldiers possessing an infantry MOS.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit, of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.  

10.  Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 (Awards and Decorations), the regulation in effect at the time, states that during the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  This regulation further provided for award of the CIB to infantry personnel serving as members of infantry platoons and squads in cavalry squadrons and regiments.  

11.  His records indicate he is entitled to additional awards which are not shown on his DD Form 214.

12.  Special Orders Number 203, Headquarters, U.S. Army Training Center, Infantry and Fort Dix, Fort Dix, NJ, dated 22 July 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. 

13.  Special Orders Number 235, Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, dated 23 August 1969, awarded him the Marksman Marksmanship Qualification Badge with Mortar Bar.

14.  Special Orders Number 92, Headquarters, 3rd Battalion, 5th Infantry Regiment, Fort Kobbe, Canal Zone, dated 22 June 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

15.  Headquarters, 1st Cavalry Division (Airmobile), Republic of Vietnam, issued the following General Orders:

* General Orders Number 21491, dated 11 December 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam
* General Orders Number 4287, dated 1 March 1971, awarded him the Army Commendation Medal for meritorious service in connection with ground operations against a hostile enemy force 
* General Orders Number 4469, dated 2 March 1971, awarded him the Army Commendation Medal (2nd Award) for meritorious achievement in connection with ground operations against a hostile enemy force 

16.  There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal; however, neither is there evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

17.  Item 38 of his DA Form 20 shows he consistently received all "excellent" conduct and efficiency ratings throughout his period of service.

18.  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 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.  There must have been no convictions by a court-martial.

19.  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 document shows the 2nd Battalion, 7th Cavalry Regiment, the unit to which he was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 21 February 1970 through 28 February 1971, by Department of the Army General Orders Number 42, dated 1972.

20.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that 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, campaign participation credit was awarded for the Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the CIB and his DD Form 214 should be corrected to show this award and the Purple Heart.

2.  The evidence of record shows he was assigned to 2 different infantry units during his service in the Republic of Vietnam.  In both instances he was assigned in an infantry MOS.  He was wounded in action on 7 March 1971, as evidenced by his award of the Purple Heart.  Therefore, he meets the criteria for award of the CIB, and he is entitled to correction of his DD Form 214 to show it.

3.  General orders awarded him the Purple Heart, Air Medal, and the Army Commendation Medal (2nd Award), which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  He served honorably from 14 May 1969 through 22 March 1971.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his service, and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service.  There is no evidence of a commander's disqualification statement pertaining to his first award of the Army Good Conduct Medal; therefore, he should be awarded the Army Good Conduct Medal (1st Award), for the period 14 May 1969 through 22 March 1971, and his DD Form 214 should be corrected to show this award.

5.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Grenade Bar, the Marksman Marksmanship Qualification Badge with Mortar Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar   (M-16), which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these marksmanship awards.

6.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  He participated in a single campaign during his service in Vietnam; however, a bronze service star was omitted from the Vietnam Service Medal annotated on his DD Form 214.  Accordingly, his DD Form 214 should be corrected to add a single bronze service star to his previously-awarded Vietnam Service Medal.



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 Combat Infantryman Badge for action on 7 March 1971;

	b.  Awarding him the Army Good Conduct Medal (1st Award), for the period   14 May 1969 through 22 March 1971; and

	c.  Amending item 24 of his DD Form 214 by deleting the "Vietnam Service Medal" and adding the:

* Combat Infantryman Badge
* Purple Heart
* Air Medal
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Mortar Bar
* Expert Marksmanship Qualification Badge with Rifle Bar   (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with 1 bronze service star



      _______ _   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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110020927



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