IN THE CASE OF:	  

		BOARD DATE:	  30 December 2014

		DOCKET NUMBER:  AR20140007986 


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 Master Parachutist Badge and the Combat Infantryman Badge (CIB) (2nd Award).

2.  The applicant states he should have a Master Parachutist Badge and two awards of the CIB for service in two separate theaters.  He also states the National Personnel Records Center (NPRC) sent him an "MOPH," which he wishes to have verified. 
 
3.  The applicant provides 2 DD Forms 214 and a letter from the Department of Veterans Affairs (VA). 

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 refers to an "MOPH," which he received from the NRPC; it is unclear what this is.  Since it cannot be determined what the "MOPH" refers to, it will not be discussed further in these proceedings.  This does not mean this portion of his application has been denied by the ABCMR or that he may not file again.   

3.  The applicant enlisted in the Regular Army on 3 December 1962.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11D (Armor Intelligence Specialist).  On 27 August 1965, he was discharged for immediate reenlistment, which he did the following day.

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

* item 31 (Foreign Service), he was credited with service in the Dominican Republic from 29 April 1965 through 19 August 1965
* item 38 (Record of Assignments), he was assigned to – 

* Troop A, 1st Squadron, 17th Cavalry Regiment, during his service in the Dominican Republic
* Troop E, 17th Calvary Regiment, 173d Airborne Brigade (Separate), in Vietnam from 11 December 1965 to 17 November 1966 and from 12 June 1967 to 31 May 1968

* item 41 (Awards and Decorations), he was authorized the:

* Parachutist Badge
* Armed Forces Expeditionary Medal (AFEM) (Dominican Republic)
* Vietnam Service Medal (VSM) 
* Army Good Conduct Medal (GCM) 
* National Defense Service Medal (NDSM)
* 3 overseas service bars (OSB)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Master Parachutist Badge
* Bronze Star Medal (BSM)

5.  Headquarters, 173d Airborne Brigade (Separate), issued:

* General Orders Number 659, dated 30 December 1966, announcing award of the BSM to the applicant for his meritorious service from 10 November 1965 to 9 November 1966
* General Orders Number 1047, dated 18 April 1968, announcing award of the BSM (First Oak Leaf Cluster) to the applicant for his meritorious service from June 1967 to June 1968
* Special Orders Number 314, dated 10 November 1967, awarding the applicant the Master Parachutist Badge

6.  On 9 June 1968, he was honorably released from active duty.  He completed 5 years, 6 months, and 7 days of total active service.  The DD Form 214 issued at the time shows he was awarded or authorized the following:

* NDSM
* AFEM
* Parachutist Badge
* VSM
* GCM
* OSB (3)
* BSM
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  His record is void of documentation showing he was awarded the CIB.

8.  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.  The regulation in part also states:  “To date, a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in any of three conflicts:  World War II (7 December 1941 to 3 September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and the Vietnam Conflict.  Service in the RVN conflict (after 
1 March 1961) combined with qualifying service in Laos (19 April 1961 to 
6 October 1962), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the Demilitarized Zone (after 4 January 1969), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991) is recognized by one award only regardless of whether a Soldier had served one or multiple tours in any or all of these areas.”  

9.  U.S. Army Vietnam (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.  Additionally, Appendix V of USARV Regulation 672-1 states that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10.  A review of his records indicates entitlement to additional awards not shown on his DD Form 214 for the period ending 9 June 1968.
11.  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.  A silver service star is authorized in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following six campaigns:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 – 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive Phase VI (2 April 1968 – 22 February 1969)

12.  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 Troop E, 17th Calvary, was awarded the:  

* Meritorious Unit Commendation (MUC) for the period 5 May 1965 to 4 May 1967, by Department of the Army General Order (DAGO) Number 48, dated 1968
* RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970, by DAGO51 dated 1971

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant's service in the Dominican Republic and Vietnam fell within the Vietnam era as defined for the purpose of the CIB, he would have only been authorized one award of this badge even if he had become eligible for the badge in each location.  

2.  Although the evidence of record clearly shows that he held an infantry MOS and was assigned to a cavalry unit of qualifying size during his service in Vietnam and the Dominican Republic, there is no documentary evidence showing that he was awarded the CIB or that that he actually engaged the enemy in ground combat as an infantryman.  Therefore, there is an insufficient evidentiary basis for granting his request for award of the CIB.

3.  Orders awarded him the Master Parachutist Badge; therefore, he is entitled to correction of his DD Form 214, for the period ending 9 June 1968, to show this badge.

4.  Orders awarded him the BSM with first oak leaf cluster.  He is entitled to correction of his DD Form 214 for the period ending 9 June 1968 to show this award.

5.  He was awarded the VSM and he participated in six campaigns.  Therefore, he is entitled to correction of his DD Form 214, for the period ending 9 June 1968, to show one silver service star and one bronze service star for wear on his previously-awarded VSM.  
 
6.  The applicant served with Troop E, 17th Calvary, during periods for which the unit was awarded the MUC and RVN Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be corrected to show these unit awards.

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:

	a.  deleting from his DD Form 214 for the period ending 9 June 1968 the VSM and the BSM; and

	b.  adding to his DD Form 214 for the period ending 9 June 1968 –

* Master Parachutist Badge
* BSM (2nd Award) 
* VSM with one silver service star and one bronze service star
* MUC
* RVN Gallantry Cross with Palm Unit Citation




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 the CIB.




      ___________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)                                         AR20140007986





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ABCMR Record of Proceedings (cont)                                         AR20140007986



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