IN THE CASE OF:	  

		BOARD DATE:  20 February 2014

		DOCKET NUMBER:  AR20130010410 


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 award of the Combat Infantryman Badge.

2.  The applicant states the Combat Infantryman Badge should be added to his records.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 15 May 1970
* a statement, dated 21 April 2012, from Mr. M____ L. D____

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.  On 16 May 1968, he was inducted into the Army of the United States.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Fort Campbell, KY, Special Orders Number 166, dated 2 July 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  Headquarters, U.S. Army Training Center, Infantry, and Fort Lewis, Fort Lewis, WA, Special Orders Number 238, dated 26 August 1968, awarded him the Second Class Gunner Badge (now known as the Marksman Marksmanship Qualification Badge) with Machine Gun Bar.

5.  He was assigned to the 2nd Battalion (Airmobile), 5th Cavalry Regiment, from 19 October 1968-13 October 1969 in the Republic of Vietnam.

6.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 6744, dated 30 May 1969, awarded the applicant the Army Commendation Medal with "V" Device for action on 10 April 1969 while serving as a machine gunner with Company E, 2nd Battalion (Airmobile), 5th Cavalry Regiment.  The citation reads, in part:

When his unit became heavily engaged with a large enemy force, [the applicant] exposed himself to the intense hostile fire as he began to place accurate suppressive fire on the enemy positions.  Even after the bipod for his weapon was broken by the enemy fire, [the applicant] continued to engage the enemy positions until the insurgent's attack was repelled.

7.  He was promoted to sergeant on 6 August 1969.

8.  On 15 May 1970, he was released from active duty.  He completed 1 year, 11 months, and 28 days of active service that was characterized as honorable.  He had 2 days of lost time.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Air Medal
* "Vietnam Unit Citation"
* Vietnam Service Medal with two bronze service stars
* Army Commendation Medal with "V" Device
* Republic of Vietnam Campaign Medal with Device (1960)

9.  The applicant submitted a statement, dated 21 April 2012, from M____ L. D____.  Mr. D____ stated he was the applicant's squad leader and platoon sergeant from October 1968 to October 1969.  He described the combat action that occurred on 10 April 1969 when Company E contacted the enemy.  He went on to describe combat actions Company E was involved in a month later and on 20 June 1969.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.

	a.  During the period he was assigned to the 2nd Battalion, 5th Cavalry, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods:

* 9 August 1965-19 May 1969
* May 1969-February 1970

	b.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit 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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

	c.  Table B-1 includes the following Vietnam campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  He held MOS 11B.  His citation for the award of the Army Commendation Medal with "V" Device clearly shows he was personally present and under hostile fire while serving as a machine gunner in an infantry company actively engaged in ground combat with the enemy.  Therefore, there is sufficient evidence to determine the applicant is entitled to the Combat Infantryman Badge.

2.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.

3.  Based on his service with the 2nd Battalion, 5th Cavalry Regiment, he is authorized two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be entered on his DD Form 214.

4.  Orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, these awards should be added to his DD Form 214.

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 amending his DD Form 214 with an effective date of 15 May 1970 as follows:

	a.  deleting award of the Vietnam Service Medal with two bronze service stars and

	b.  adding the following awards:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Machine Gun 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)                                         AR20130010410



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ABCMR Record of Proceedings (cont)                                         AR20130010410



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