IN THE CASE OF:	  

		BOARD DATE:	  26 September 2013

		DOCKET NUMBER:  AR20130003002 


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

2.  The applicant states the above awards are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214.

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 25 June 1969 and he successfully completed training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  He arrived in the Republic of Vietnam (RVN) 19 November 1969 and was assigned to D Company, 1st Battalion, 8th Cavalry, 1st Cavalry Division on 
28 November 1969, where he performed duties as a rifleman in MOS 11B.

4.  General Orders Number 15802, dated 11 December 1969, issued by Headquarters, 1st Cavalry Division, shows that the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 9 December 1969.

5.  On 3 November 1970, he departed the RVN.  On 24 June 1971, he was honorably released from active duty.

6.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Army Commendation Medal with "V" Device
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the CIB.

8.  Army Regulation 600-8-22 (Military Awards) states 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 (Decorations and Awards) provided for award of the CIB to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  

9.  Army Regulation 600-8-22, 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 the applicant participated in the following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 1st Battalion, 8th Cavalry, it was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation during the period May 
1969 through February 1970 based on Department of the Army General Orders (DAGO) 11, dated 1973
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
1 January 1969 through 1 February 1970 based on DAGO 42, dated 1972
* Valorous Unit Award during the period 1 May 1970 through 29 June 
1970 based on DAGO 43, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was wounded as a result of hostile action while assigned to D Company, 1st Battalion, 8th Cavalry, while serving as a rifleman in an infantry MOS duty position.  It is presumed he met the eligibility criteria for award of the CIB, and he implies that he was awarded it.  Therefore, his DD Form 214 should be amended to show this badge.

2.  The applicant was assigned to a unit during a period of time the unit was awarded the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  His participation in three campaigns makes him eligible for three bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to show these bronze service stars.







BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 Vietnam Service Medal with two bronze service stars; and

	b.  adding to his DD Form 214 the following:

* Purple Heart
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Civil Actions Honor Medal First Class Unit Citation
* Valorous Unit Award



      _______ _   _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)                                         AR20130003002





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ABCMR Record of Proceedings (cont)                                         AR20130003002



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