IN THE CASE OF:  

		BOARD DATE:  21 August 2012

		DOCKET NUMBER:  AR20120004230


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 a review of his records to determine if there are any errors or omissions.  He specifically requests authorization for the Republic of Vietnam Gallantry Cross and Combat Infantryman Badge.  He further requests issuance of the awards shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as he was only issued the ribbons.

2.  The applicant states he was the communications chief for the 2d Battalion, 7th Cavalry, 1st Cavalry Division.  His duties included field coordination of radiomen and active combat engagements with the infantry.  Although he felt he should have been decorated, he never complained because he is proud of the duty he did.  He is now seeking compensation from the Department of Veterans Affairs for post-traumatic stress disorder.

3.  The applicant provides copies of an Internet article describing the Republic of Vietnam Gallantry Cross and two pages of his 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.  The applicant was inducted into the Army of the United States on 11 August 1967.  He completed training and was awarded military occupational specialty (MOS) 31B (Field Radio Mechanic).

3.  His DA Form 20 shows in:

	a.  item 38 (Record of Assignments) that he was assigned in Vietnam to the 2d Battalion, 7th Cavalry, 1st Cavalry Division, from 27 August 1968 through 20 June 1969; and

	b.  item 41 (Awards and Decorations) that he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant was honorably released from active duty on 25 June 1969 in the rank of sergeant (SGT).  He completed 1 year, 10 months, and 15 days of net active service.  His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and two overseas service bars.

5.  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 U.S. Army Human Resources Command Military Awards Branch, revealed general orders showing he was awarded the Bronze Star Medal for meritorious service during the period August 1968 to June 1969.

6.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  He received all "excellent" conduct and efficiency ratings.

7.  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 military service completed on or after 27 August 1940; for the 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.

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.

9.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army Forces operating in South Vietnam.  This regulation stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge was the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge was not an award for being shot at or for undergoing the hazards of day-to-day combat."

10.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, participation credit was awarded for the following four campaigns:

* Counteroffensive Phase V – 1 July-1 November 1968
* Counteroffensive Phase VI – 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969 – 23 February-8 June 1969
* Summer-Fall 1969 – 9 June-31 October 1969

11.  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 pamphlet shows 2d Battalion, 7th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969-February 1970 in Department of the Army General Orders (DAGO) Number 42, dated 1972, as amended by DAGO Number 11, dated 1973, and for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969-1 February 1970 in DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his receipt of a personal decoration and honorable release from active duty as a SGT.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 11 August 1967 through 25 June 1969.

2.  General orders show he was awarded the Bronze Star Medal and his records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

3.  Records show the applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  During the applicant's assignment to his unit in Vietnam it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  His DD Form 214 should be corrected to show these awards.

6.  The available evidence clearly shows the applicant was not eligible for the Combat Infantryman Badge as he did not hold an infantry MOS.

7.  The applicant requests issuance of his medals.  The ABCMR corrects records; the ABCMR does not issue medals.  Medals are issued by the National Personnel Records Center.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 Army Good Conduct Medal (1st Award) for the period 11 August 1967 through 25 June 1969 and

	b.  adding the following awards to his DD Form 214:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* four bronze service stars with his already-awarded Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  Service medals and awards are not issued by the ABCMR.  However, as the applicant has indicated he was not issued his medals, recommend the National Personnel Records Center be requested to issue the applicant the medals for all his authorized awards.

3.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20120004230



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