IN THE CASE OF:	  

		BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140006965 


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 records to show award of the Combat Infantryman Badge.

2.  The applicant states he was assigned to Company C, 2nd Battalion, 
7th Cavalry while serving in the Republic of Vietnam (RVN).  He was wounded in action and awarded the Purple Heart, but he was not awarded the Combat Infantryman Badge.  He adds that he has never received any of his medals.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 U.S. Army on 23 January 1969.  Upon completion of training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served overseas in the RVN and was assigned to Company B, 2nd Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile) in duty MOS 11B.  He was promoted to specialist four (E-4) on 
6 September 1969.

3.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 1125, dated 12 September 1969, awarded the applicant the Purple Heart for wounds received in the RVN on 11 September 1969.

4.  A DD Form 214 shows the applicant was honorably discharged on 18 October 1969 to reenlist in the Regular Army (RA).  He had completed 8 months and 
26 days of total active duty service this period that included 3 months and 
20 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart

5.  The applicant reenlisted in the RA on 19 October 1969 for a period of 3 years.

6.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 5928, dated 16 April 1970, awarded the applicant the Army Commendation Medal for meritorious service in the RVN from June 1969 to June 1970.

7.  A DA Form 2166-4 (Enlisted Efficiency Report) covering the period August 1971 through February 1972, shows the applicant was assigned to Headquarters and Headquarters Company (HHC), 4th Battalion, 18th Infantry, Army Post Office (APO) 09742.

8.  A DA Form 873 (Certificate of Clearance and/or Security Determination) shows that Headquarters, Berlin Brigade (Berlin, Germany), APO New York  09742, granted the applicant a Secret security clearance on 15 June 1971.

9.  A DD Form 214 shows he was honorably released from active duty (REFRAD) on 11 May 1972 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 2 years, 6 months, and 23 days of active duty service this period that included 1 year, 11 months, and 10 days of foreign service.  It also shows in –

* item 24 the –

* National Defense Service Medal
* Berlin [Army of Occupation Medal]
* Purple Heart
* Vietnam Service Medal
* 2 Overseas Service Bars
* Army Good Conduct Medal
* RVN Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar

* item 30 (Remarks), service in the RVN from 19 October 1969 through 
  28 June 1970

10.  A review of the applicant's military personnel record failed to reveal any evidence that he was awarded the Combat Infantryman Badge.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between
1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant.

12.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Forms 214.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the 2nd Battalion, 7th Cavalry, was cited for award of the –

* Valorous Unit Award for the period 1 May 1970 through 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, 1972
* RVN Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by DAGO Number 42, 1972, as amended by DAGO Number 11, 1973
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
1 January 1969 through 1 February 1970 by DAGO Number 42, 1972

14.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the –

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)

	c.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  The Army of Occupation with Germany Clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.

   d.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show award of the Combat Infantryman Badge.

2.  The evidence of record shows the applicant was inducted on 23 January 1969, REFRAD on 18 October 1969, and he had served 3 months and 20 days in the RVN as of that time.  The evidence of record shows he reenlisted in the RA on 19 October 1969 and he served in the RVN through 28 June 1970.
   a.  A computation of his initial period of RVN service shows the following:

	1969  10  18	date REFRAD (in the RVN)
	-           03  20	total foreign service as of REFRAD
	      = 1969  06  28	or 28 June 1969 – date deployed overseas to RVN

   b.  Thus, it is concluded the applicant served in the RVN from 28 June 1969 through 28 June 1970.

3.  The evidence of record shows the applicant was awarded MOS 11B and he served in duty MOS 11B while assigned Company B, 2nd Battalion, 7th Cavalry Regiment in the RVN.

   a.  He was wounded in action on 11 September 1969 and awarded the Purple Heart.

	b.  Thus, the available evidence supports award of the Combat Infantryman Badge in this case.  Therefore, it would be appropriate to correct the applicant's records by showing award of the Combat Infantryman Badge.

4.  The evidence of record also shows:

   a.  general orders awarded him the Army Commendation Medal for meritorious service in the RVN from June 1969 to June 1970;

   b.  the applicant qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, he is authorized three bronze service stars for wear on his already-awarded VSM;

	c.  general orders awarded the applicant's unit the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation; and 

   d.  he qualified for the Army of Occupation Medal with Germany Clasp based on his assignment to HHC, 4th Battalion, 18th Infantry, Berlin Brigade, Berlin, Germany from August 1971 through February 1972.

5.  In view of the foregoing, it would be appropriate to correct the applicant's  
DD Forms 214 to show his awards and decorations, as recommended below.

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 Combat Infantryman Badge for satisfactorily performing infantry duties in the RVN effective 11 September 1969  (Standard Name Line:  SP4  Company B, 2nd Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile);

	b.  deleting from item 24 of his 11 May 1972 DD Form 214 the –

* "Berlin"
* "Vietnam Service Medal"

   c.  adding to item 24 of his 11 May 1972 DD Form 214 the –

* Army of Occupation Medal with Germany Clasp
* Vietnam Service Medal with 3 Bronze Service Stars
* Combat Infantryman Badge
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140006965



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140006965



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1