IN THE CASE OF:	

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140006723 


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 the Combat Action Badge and/or the Combat Infantryman Badge and any other awards he is entitled to as a result of his service in Vietnam. 

2.  The applicant states he received various awards for action against hostile forces in Vietnam and he was involved in multiple firefights.  However, he did not receive the Combat Infantryman Badge.  He would like this badge added to his DD Form 214.  He put his life in danger many times and he has awards for reacting to hostile forces.  He has an Army Commendation Medal for operations against a hostile forces and he also has a Bronze Star Medal stating operations against a hostile force.   

3.  The applicant provides his DD Form 214, a citation and certificate for award of the Bronze Star Medal, a citation for award of the Army Commendation Medal, and a Vietnam Combat Certificate.

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's records show he was inducted into the Army of the United States on 19 August 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11E (Armor Crewman). 

3.  He served in Vietnam from 1 March 1970 to 28 January 1971.  He was assigned to:

* Troop C, 3rd Squadron, 4th Cavalry, 25th Infantry Division, from 12 March 1970 to 7 December 1970
* Headquarters and Headquarters Company (HHC), 3rd Brigade, 1st Cavalry Division, from 8 December 1970 to 28 January 1971

4.  General Orders (GO) Number 9000, issued by Headquarters, 25th Infantry Division, on 18 August 1970, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in Vietnam from 1 June to 31 July 1970. 

5.  GO Number 10716, issued by Headquarters, 25th Infantry Division, on 31 October 1970, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in Vietnam from February to November 1970. 

6.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 18 August 1971.  He completed 2 years of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  His records do not contain orders awarding him the Combat Infantryman Badge.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  Furthermore, USARV Regulation 672-1 also 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.

9.  Army Regulation 600-8-22 states the Combat Action Badge provides special recognition to Soldiers who personally engaged, or are engaged by the enemy.  The requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined and will be announced in permanent orders.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

10.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  However, his records do not contain orders awarding him the first award of the Army Good Conduct Medal.  

11.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal 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.

12.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam participation credit was awarded for the below listed campaigns.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  He participated in three campaigns as follows:

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

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

	a.  During his service with C Troop, 3rd Squadron, 4th Cavalry Regiment, from 12 March 1970 to 7 December 1970, this unit was awarded the: 

		(1)  Valorous Unit Award, for service from 1 May to 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972;

		(2)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 May to 28 June 1970 by DAGO Number 55, dated 1971; and

		(3)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 April 1969 to 30 April 1970 and 29 June to 30 September 1970 by DAGO Number 5, dated 1973.

	b.  During his service with HHC, 3rd Brigade, 1st Cavalry Division, from 8 December 1970 to 28 January 1971, this unit was awarded the:

		(1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 17 September 1965 to 30 June 1972 by DAGO Number 54, dated 1974; and

		(2)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 21 February 1970 to 28 February 1971 by DAGO Number 11, dated 1973.

14.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.
DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  He served honorably from 19 August 1969 through 18 August 1971.  He attained the rank/grade of SP4/E-4, received multiple awards, served a qualifying period of service, and he received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three (instead of two) bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  GO awarded his units in Vietnam the Valorous Unit Award and four awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (the two awards awarded to HHC, 3rd Brigade, 1st Cavalry Division, are duplicate awards covering the same period of time; therefore, only one award will be recorded in official military and historical records).  Therefore, his DD Form 214 should be corrected to show these unit awards. 

5.  With respect to the Combat Infantryman Badge, the applicant held an armor MOS and he served in his armor MOS in an armor or cavalry unit in Vietnam.  Although he may have received the Army Commendation Medal and the Bronze Star Medal for meritorious achievement and/or service against the enemy, he does not meet the criteria for award of the Combat Infantryman Badge in that there is insufficient evidence to show he held an infantry MOS and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. 

6.  With respect to the Combat Action Badge, the Combat Action Badge provides special recognition to Soldiers who personally engaged or are engaged by the enemy.  More importantly, retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  The applicant served on active duty from 19 August 1969 to 18 August 1971.  He does not meet the criteria for this award.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal (1st Award) for the period 19 August 1969 through 18 August 1971
* deleting from his DD Form 214 the Vietnam Service Medal with two bronze services stars
* adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award) 
* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars 
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (4th Award)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Combat Infantryman Badge or the Combat Action Badge. 



      _______ _   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)                                         AR20140006723



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ABCMR Record of Proceedings (cont)                                         AR20140006723



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