IN THE CASE OF:	  

		BOARD DATE:	 24 September 2013 

		DOCKET NUMBER:  AR20130003274 


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

2.  The applicant states he received orders for the CIB while serving in the Republic of Vietnam; however, he has since lost them.  He subsequently received a negative response to his request for a copy of the orders from the National Personnel Records Center (NPRC).

3.  The applicant provides a copy of his DD Form 214 and a letter from NPRC.

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                  26 November 1968.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained during this period of service was sergeant (SGT)/E-5.  He served in the Republic of Vietnam from 11 May 1969 to 30 June 1970.  He was assigned to Company B, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Air Mobile), for the period 29 May through 9 June 1969 and Company E, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division            (Air Mobile), for the remainder of his Vietnam service.

3.  His records contain Special Orders Number 14, Headquarters, 3rd Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 21 January 1969, which show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His records contain Special Orders Number 65, Headquarters, 2nd Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 28 March 1969, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  His records contain General Orders Number 6948, Headquarters, 1st Cavalry Division (Air Mobile), dated 1 May 1970, which show he was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 15 April 1970.  His records also show he was also awarded the Purple Heart for wounds received in connection with this action.

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  His records do not contain a commander's disqualification for award of the Army Good Conduct Medal.

7.  He was honorably released from active duty on 30 June 1970 as an overseas returnee.  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)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Commendation Medal
* Purple Heart
* Bronze Star Medal
* Air Medal

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.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

10.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for 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 the Republic of Vietnam, participation credit was awarded for the following four campaigns:

* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* Sanctuary Counteroffensive

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment to the 2nd Battalion, 7th Cavalry Regiment, his unit was cited for the:

	a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 in Department of the Army General Orders Number 42, dated 1972; and

	b.  Valorous Unit Award for the period 1 May through 29 June 1970 in Department of the Army General Orders Number 43, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a copy of orders and correction of his records to show award of the CIB was carefully considered and found to have merit.

2.  With regard to award of the CIB, an individual must meet three basic requirements.  The individual must have held an infantry MOS; must have served with a qualifying infantry unit of brigade, regimental, or smaller size; and must have been personally present and participated while the unit was actively engaged in ground combat with enemy forces.  The available evidence shows the applicant met all three of these requirements.  The evidence of record shows he was awarded the Army Commendation Medal with "V" Device and the Purple Heart for his actions in the Republic of Vietnam on 15 April 1970.  This evidence is sufficient to show he should have been awarded the CIB during his service in Vietnam.  Therefore, as an exception to policy, the applicant should be issued replacement orders awarding him the CIB effective 15 April 1970, and his DD Form 214 should be corrected to show this award.

3.  The applicant's DD Form 214 shows he was awarded the Army Commendation Medal; however, general orders awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 15 April 1970.  Therefore, it would be appropriate to correct his DD Form 214 to show the "V" device with this award.

4.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksman Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  The applicant received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal for the period 26 November 1968 through 30 June 1970 and his DD Form 214 should be corrected to show this award.

6.  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 and correction of his DD Form 214 to show these service stars.

7.  While the applicant was assigned to the 2nd Battalion, 7th Cavalry Regiment, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and a Valorous Unit Award.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.



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.  awarding him the CIB effective 15 April 1970, and the Army Good Conduct Medal (1st Award) for the period 26 November 1968 to 30 June 1970;

	b.  deleting award of the Army Commendation Medal and Vietnam Service Medal from his DD Form 214; and

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

* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* CIB
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)




      _______ _   _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)                                         AR20130003274



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ABCMR Record of Proceedings (cont)                                         AR20130003274



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