BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120009516 


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, in effect, 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 two awards of the Purple Heart and the CIB.

2.  He states these awards are not listed on his DD Form 214.

3.  The applicant provides copies of:

* General Orders Number 21, issued by Headquarters, 11th Armored Cavalry Regiment, dated 25 February 1970
* General Orders Number 57, issued by the same headquarters, dated
9 May 1970
* Purple Heart Certificate, dated 1 June 1970

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's military records are not available to the Board for review.  However, the DD Form 214 and the documents he provides are sufficient evidence for the Board to conduct a fair and impartial review of this case.

3.  He was inducted into the Army of the United States on 6 February 1969.  He completed training he was awarded and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The Remarks Section of his DD Form 214 shows he served in Vietnam from 16 August 1969 through 10 September 1970.

5.  He provided General Orders Number 21, dated 25 February 1970, and General Orders Number 57, dated 9 May 1970, that awarded him the Purple Heart on two occasions for wounds received in connection with military operations against a hostile force on 21 February 1970 and 14 April 1970, respectively.  These orders further show he was assigned to E Troop,
2nd Squadron, 11th Armored Cavalry Regiment.

6.  The applicant was honorably released from active duty on 10 September 1970 as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at the time shows he was authorized or awarded the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Purple Heart

7.  There is no evidence of record and he did not provide any evidence that shows he was recommended for or awarded the CIB.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  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, the applicant participated in the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	b.  The 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.  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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him two Purple Hearts for wounds received as a result of hostile action.  Therefore, his DD Form 214 should be corrected to show the Purple Heart (2nd Award).

2.  The applicant participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  Although the applicant's records are not available for the Board's review, it is reasonable to presume that given his unit of assignment in Vietnam and his infantry MOS he received his wounds while performing infantry duties and while actively engaging in ground combat.  Therefore, it would be appropriate to award him the CIB for actions on 21 February 1970 and to correct his DD Form 214 to show this award.

4.  All units in Vietnam were 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 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 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.  deleting from his DD Form 214 the Purple Heart and the Vietnam Service Medal;

	b.  awarding him the Combat Infantry Badge for actions in Vietnam on
21 February 1970; and

	c.  adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* Vietnam Service Medal with four 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)                                         AR20120009516



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ABCMR Record of Proceedings (cont)                                         AR20120009516



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