BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130002910 


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 reconsideration of his request for correction of his    DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB).

2.  As a new issue, the applicant now requests correction of his DD Form 214 to show all authorized and/or awarded medals, unit citations, combat campaign ribbons, and badges.

3.  The applicant states he was separated from the military due to physical disability for his combat incurred conditions.  The administrative personnel from his unit did not include all of his awards on his DD Form 214.

4.  The applicant provides copies of:

* DD Form 214
* Standard Form 513 (Consultation Sheet) dated 15 March 1969
* Record of Proceedings, Army Board for Correction of Military Records (ABCMR), dated 21 April 2011

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 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.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100025037 on 21 April 2011.

3.  The applicant's military records were not available for review when the previous Board considered his application for the CIB.  The Board used only those documents that he had provided.  Therefore, it would now be appropriate to reconsider this issue as an exception to the 1-year policy.

4.  On 29 March 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5.  Special Orders Number 119, Fort Benning, GA, dated 17 May 1968, announced the applicant's award of the Second Class (Marksman) Marksmanship Qualification Badge with Grenade Bar.

6.  Special Orders Number 137, Fort Polk, LA, dated 8 June 1968, announced the applicant's award of the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

7.  On 8 November 1968, the applicant departed Fort Polk, Louisiana for duty in the Republic of Vietnam (RVN).

8.  On 21 February 1969, the applicant was advanced to private first class, pay grade E-3.

9.  On 25 February 1969, the applicant was assigned for duty as a rifleman with Company D, 2nd Battalion, 12th Cavalry Regiment, 1st Air Cavalry Division.

10.  On 15 March 1969, the applicant was seen at the 25th Medical Unit in the RVN as a medical evacuee from a fire support base following heavy contact.  He was treated for a case of combat fatigue.  He later became violent and required restraint and additional medication.

11.  On or about 15 March 1969, the applicant departed the RVN and returned to the United States.  Subsequently, he demonstrated inappropriate affect and seemed to have a break with reality.

12.  On 26 May 1969, he was discharged under the provisions of Army Regulation 635-212 for unsuitability.  His DD Form 214 shows his awards as the National Defense Service Medal and the Vietnam Service Medal.

13.  On or about September 1989, the applicant's discharge was changed by this Board to show he had been retired due to physical disability.

14.  Army Regulation 600-8-22 (Military Awards):

	a.  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.

	b.  Appendix B of this regulation shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods:

* the Vietnam Counteroffensive, Phase VI
* Tet 69 Counteroffensive.

	c.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 12th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 5, dated in 1973 for award of the Valorous Unit Award; in DAGO Number 59, dated in 1969 for award of  the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 42, dated in 1972 for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

16.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.

17.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) governed the awards program in the Army theater of operations during the Vietnam conflict.  The regulation provided that the Combat Infantryman Badge was authorized for award to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  Additionally, the company and battalion designations used for subordinate units of the 7th Cavalry and the other "cavalry" regiments indicate that they and their parent 1st Cavalry Division (Airmobile) were, in fact, infantry organizations.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of all of his medals, unit citations, campaign ribbons, and the CIB.

2.  The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN.  Furthermore, documents in his records show he was medically evacuated from a forward operating base that had sustained heavy enemy contact during a period for which his unit was awarded the Valorous Unit Award.  Accordingly, it is reasonable to presume he did indeed engage the enemy in ground combat and should be awarded the CIB.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of private first class and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

6.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these two foreign unit awards.
7.  Special orders show the applicant qualified as a sharpshooter with his rifle.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  Special orders show the applicant qualified as a marksman with the grenade.  Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Grenade Bar.

BOARD VOTE:

___x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The applicant should be granted full relief.

2.  In regard to the request for reconsideration, the Board determined the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20100025037, dated 21 April 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Combat Infantryman Badge effective 15 March 1969 and adding it to his DD Form 214.

3.  In regard to the new issues, the Board determined the evidence presented was sufficient to warrant 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 for the period 29 March 1968 to 26 May 1969;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  showing, in addition to the awards already shown on his DD Form 214, that his awards include:

* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar



      _______ _   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)                                         AR20130002910





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ABCMR Record of Proceedings (cont)                                         AR20130002910



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