BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140002029 


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:

* Combat Infantryman Badge (CIB)
* Presidential Unit Citation (PUC)

2.  The applicant states:

* he received the CIB for service in Vietnam after armed engagement with the enemy and the award is not shown on his DD Form 214
* Troop A, 1st Squadron, 11th Armored Cavalry Regiment, was awarded the PUC on 15 April 2009 for extraordinary heroism on 26 March 1970 for rescuing Company C, 2d Battalion, 8th Cavalry Regiment, in Tay Ninh Province

3.  The applicant provides:

* DD Form 214
* PUC Certificate and Citation
* White House Visitor's List for PUC Ceremony, dated 20 October 2009

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 enlisted in the Regular Army on 19 May 1969.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam during from 12 October 1969 to on or about 11 April 1970.  While in Vietnam, he was assigned to Troop A, 1st Squadron, 11th Armored Cavalry Regiment  His service in Vietnam coincided with two campaigns.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms) –

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60)

* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Purple Heart
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60)

5.  On 14 October 1970, he was permanently retired due to disability.  His DD Form 214 shows award of the:

* National Defense Service Medal
* VSM
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart

6.  He provided a copy of his DD Form 214 and a White House Visitor's List for a PUC Ceremony held on 20 October 2009.  He also provided a copy of the PUC Certificate and Citation awarded to Troop A, 11th Armored Cavalry Regiment.  The PUC Certificate shows it was awarded on 15 April 2009.

7.  His records show he received all "excellent" conduct and efficiency ratings and are void of documentation showing he was awarded the Army Good Conduct Medal (AGCM).  There is no evidence of any derogatory information or a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the AGCM.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

9.  Army Regulation 600-8-22 states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty.  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.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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.  

11.  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 11th Cavalry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 through 15 February 1970 in Department of the Army General 



Orders Number 50, dated 1971, and for the period 1 March through 30 October 1970 in Department of the Army General Orders Number 55, dated 1971.

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  Later versions of this regulation stated to enter all enter all decorations, service medals, campaign credits, and badges awarded or authorized.

13.  On 20 October 2009, a ceremony was held at the White House awarding the PUC to former members of Troop A, 11th Armored Cavalry Regiment, for their heroic actions on 26 March 1970.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows his unit was awarded the PUC; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

2. The applicant held MOS 11B and participated in combat operations during a period that coincides with the period for which he was awarded the Purple Heart and the period his unit was awarded the PUC.

3.  In view of the available evidence and in the absence of any evidence to the contrary, it is reasonable to presume that he was assigned to an infantry platoon in the 11th Armored Cavalry Regiment when the unit was engaged in active ground combat and that he actively participated in the ground combat.  Therefore, it would be appropriate to award him the CIB and correct his DD Form 214 to show this badge.

4.  General orders awarded the unit to which he was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  He served in Vietnam during two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars with his previously-awarded VSM.

6.  The applicant served honorably during the period 19 May 1969 through 14 October 1970.  He received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

7.  The evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) and Machine Gun Bar 
(M-60).  Therefore, he is entitled to correction of his DD Form 214 to show these qualification badges.

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:

* awarding him the AGCM (1st Award) for the period 19 May 1969 through 14 October 1970
* deleting award of the VSM from his DD Form 214
* adding the following awards to his DD Form 214 –

*	AGCM (1st Award)
*	VSM with two bronze service stars
*	PUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	CIB
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) and Machine Gun Bar (M-60)



      __________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)                                         AR20140002029



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ABCMR Record of Proceedings (cont)                                         AR20140002029



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