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ARMY | BCMR | CY2013 | 20130020525
Original file (20130020525.txt) Auto-classification: Approved

		IN THE CASE OF: 

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20130020525 


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, the daughter of a deceased former service member (FSM), requests correction of her father's record to show he was awarded the Combat Infantryman Badge (CIB) and any other awards he may have earned. 

2.  She states the FSM held military occupational specialty (MOS) 11B (Light Weapons Infantryman), and he served in combat in Vietnam as a member of Company C, 1st Battalion, 7th Cavalry.  He was in the thick of the fighting, and he was awarded the Purple Heart.

3.  She provides a Medical Certificate of Death and her father's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The FSM's military service records are not available for review.  This case is being considered using the DD Form 214 provided by the applicant and information available from other official sources.

2.  On 25 January 1967, the FSM was inducted into the Army of the United States.  His DD Form 214 shows:

* he held MOS 11B
* he was awarded the – 

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar

* his last duty assignment was with Company C, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), U.S. Army Vietnam (USARV)
* he served in USARV for 7 months and 7 days

3.  On 24 May 1968, he was retired for permanent disability in the rank/pay grade of specialist four (SP4)/E-4 after completing 1 year and 4 months of total active service.  

4.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the United States Army Human Resources Command, located General Orders Number 1485, dated 13 March 1968, issued by Headquarters, 1st Cavalry Division (Airmobile).  The orders awarded the Purple Heart to the FSM for wounds he received in action on 24 February 1968.

5.  Review of ADCARS did not reveal additional orders pertaining to the FSM.

6.  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.  USARV 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.

7.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  During his service in Vietnam, he participated in two campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) 
* Tet Counteroffensive (30 January to 1 April 1968)



8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 or, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 7th Cavalry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969, by Department of the Army General Order (DAGO)Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The FSM held an infantry MOS, he served in a cavalry unit in Vietnam, and he was awarded the Purple Heart.  His award of the Purple Heart indicates that he served in active ground combat (and any reasonable doubt should be resolved in his favor), and as an infantryman serving in a cavalry unit he would have been eligible for the CIB at the time.  It would be appropriate to award him the CIB and correct his DD Form 214 to show this award.

2.  During his relatively brief period of active duty service, he was promoted to SP4.  This is sufficient evidence to show that his conduct and efficiency were excellent, and it is sufficient to show he was not convicted by court-martial during his military service.  It would be appropriate to award him the AGCM (1st Award) for the period 25 January 1967 to 24 May 1968 and add this award to his   DD Form 214.

3.  The FSM's participation in two campaigns during his Vietnam service entitles him to two bronze service stars to be affixed to his already-awarded VSM.  His DD Form 214 should be corrected to show these bronze service stars.

4.  He served in the 1st Battalion, 7th Cavalry, during a period for which the unit received the RVN Gallantry Cross with Palm Unit Citation.  Therefore, the FSM's DD Form 214 should be corrected to show this unit award.



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.  awarding him the CIB effective 24 February 1968;

	b.  awarding him the AGCM (1st Award) for the period 25 January 1967 to 24 May 1968; 

	c.  deleting from his DD Form 214 the VSM; and

	d.  adding to his DD Form 214 the –

* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge
* RVN Gallantry Cross with Palm Unit Citation



      ___________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)                                         AR20130020525





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ABCMR Record of Proceedings (cont)                                         AR20130020525



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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