IN THE CASE OF:	  

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120011791 


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) be corrected to show awards of the Combat Infantryman Badge (CIB), Vietnam Service Medal with one silver service star, the Sharpshooter Marksmanship Qualification Badge with machinegun bar, Valorous Unit Award (VUA), Presidential Unit Citation (PUC), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that he was awarded the CIB in his first tour in Vietnam while serving as an infantryman.  He goes on to state that he served two tours in Vietnam in five campaigns.

3.  The applicant provides a copy 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 enlisted in the Regular Army on 21 November 1966 for a period of 3 years.  He completed his basic training at Fort Benning, Georgia and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana and was assigned to Troop C, 7th Squadron, 17th Cavalry Regiment at Fort Knox, Kentucky.  

3.  On 10 October 1967, he was transferred to Vietnam with his unit.  On 1 April 1968 he was transferred to F Troop, 8th Cavalry Regiment first performing duties as a grenadier and, on 1 August 1968, was assigned the duties of a pump operator.

4.  After serving in four campaigns he departed Vietnam on 8 October 1968 for assignment to Fort Riley, Kansas where he served as a heavy vehicle driver.  On 23 January 1969, he was reclassified as a heavy vehicle driver.

5.  On 14 August 1969, he was honorably discharged for the purpose of immediate reenlistment.  On 15 August 1969, he reenlisted for a period of            6 years, a variable reenlistment bonus, and assignment to Vietnam.

6.  He was transferred to Vietnam on 27 October 1969 for assignment to the 379th Transportation Company.  He served in four campaigns and departed Vietnam on 29 October 1970 for assignment to Alaska.

7.  He was discharged on 21 April 1971 and his DD Form 214 issued at the time of his discharge shows that he was awarded National Defense Service Medal, the Expert and Marksman Marksmanship Qualification Badges with rifle bar, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with “1960” Device.

8.  A review of his official records shows no evidence of the applicant being awarded the CIB or of him engaging the enemy in combat.  However, his records do show that he was awarded the Sharpshooter Marksmanship Qualification Badge with machinegun bar. 

9.  Army Regulation 600-8-22 (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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit (8th Cavalry Regiment) was awarded the Presidential Unit Citation (PUC), Valorous Unit Award (VUA), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. 

11.  Army Regulation 600-8-22 states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, in this case the Vietnam Service Medal (VSM).  A silver service star is worn in lieu of five bronze service stars.
 
DISCUSSION AND CONCLUSIONS:

1.  While the applicant’s records show that he was assigned to a cavalry troop in Vietnam, the applicant has failed to show through the evidence of record and the evidence submitted with his application that he was awarded the CIB or that he met the requirements for award of the CIB.  Therefore, in the absence of such evidence, there appears to be no basis to award him the CIB at this time.

2.  However, the evidence of record does show that he served in eight campaigns in Vietnam and thus is entitled to wear one silver and three bronze service stars on his already awarded Vietnam Service Medal (VSM).

3.  The applicant was also awarded the Sharpshooter Marksmanship Qualification Badge with machinegun bar and his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, PUC, and VUA during the period he was assigned to the unit.  Accordingly, he is entitled to have those awards added to his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

* Deleting the entry “VSM” from his DD Form 214 for the period ending      21 April 1971
* Adding the awards of the Vietnam Service Medal with one silver and three bonze service stars, PUC, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Sharpshooter Marksmanship Qualification Badge with machinegun bar to his DD Form 214 for the period ending 21 April 1971

2.  The Board further determined that 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 adding the award of the CIB to his DD Form 214.  




      _______ _   __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)                                         AR20120011791





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ABCMR Record of Proceedings (cont)                                         AR20120011791



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