IN THE CASE OF:	  

		BOARD DATE:	  22 May 2015

		DOCKET NUMBER:  AR20140013980 


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
* Valorous Unit Award

2.  The applicant states:

* he wrote to the U.S. Army Human Resources Command (HRC) Awards and Decorations Branch to request a replacement Combat Infantryman Badge
* HRC removed the Combat Infantryman Badge from his DD Form 214 claiming he was not entitled to the award because he did not have an infantry military occupational specialty (MOS)
* HRC must not be aware that U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), appendix V, stated MOS 11D (Armor Intelligence Specialist) was considered an infantry MOS as defined by Army regulation for award of the Combat Infantryman Badge
* there are numerous Army Board for Correction of Military (ABCMR) cases quoting the Vietnam regulation
* he made four attempts to recover orders for the Combat Infantryman Badge from the National Personnel Records Center
* the certified copy of his DD Form 214 is proof of his award of the Combat Infantryman Badge and nothing else should be required
* the Valorous Unit Award was awarded to Troop D, 2d Platoon, 17th Cavalry Regiment, for participation in ground combat during the Tet Counteroffensive campaign in 1968

3.  The applicant provides:

* DD Form 214
* DA Form 1577 (Authorization for Issuance of Awards)
* self-authored statement
* two HRC letters
* DD Form 215 (Correction to DD Form 214)
* ABCMR Record of Proceedings Docket Number AR1999032187, dated 17 August 2000
* letter from Headquarters, 199th Infantry Brigade, dated 5 May 1968, subject:  Recommendation for Award of Valorous Unit Award
* witness statement

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 17 September 1965.  He completed training and was awarded MOS 11D.

2.  He served in Vietnam during the period 7 August 1967 to 3 August 1968 and participated in four campaigns while assigned to:

* Troop E, 2d Squadron, 11th Armored Cavalry Regiment, during the period 16 August 1967 through 5 November 1967
* Troop D, 17th Cavalry Regiment, 199th Infantry Brigade, during the period 6 November 1967 to 3 August 1968

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

* item 38 (Record of Assignment ) – all "excellent" conduct and efficiency ratings except for a brief period during advanced individual training rated as "unknown"
* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award

4.  On 4 August 1968, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge

5.  The applicant provided:

	a.  a DA Form 1577, dated 15 September 1989, showing he was issued replacement awards and decorations with the exception of the Combat Infantryman Badge.  He was directed to provide orders showing his entitlement.

	b.  a self-authored statement indicating his DD Form 214, MOS, and orders for another Soldier assigned to his platoon were the only proof he had showing he was awarded the Combat Infantryman Badge;

	c.  a letter from HRC, dated 8 April 2014, stating his entitlement to award of the Combat Infantryman Badge could not be verified because a review of his records did not reveal orders awarding him the Combat Infantryman Badge.  HRC also noted that although he held MOS 11B (Light Weapons Infantryman), he served in MOS 11D in an infantry unit in Vietnam and there was no evidence he served in MOS 11B while his unit was engaged in active ground combat.

	d.  Congressional correspondence advising him to apply to the ABCMR;

	e.  a DD Form 215, dated 5 May 2014, showing award of the Combat Infantryman Badge was deleted from his DD Form 214;

	f.  ABCMR Record of Proceedings Docket Number AR1999032187, dated 17 August 2000, showing the Board awarded the Combat Infantryman Badge to a former Soldier who served in Vietnam, held MOS 11D, and met the other criteria as prescribed in U.S. Army Vietnam Regulation 672-1, in effect at the time;

	g.  a recommendation for award of the Valorous Unit Award to the 199th Infantry Brigade, dated 5 May 1968; and

	h.  a witness statement from a former Soldier who served with the applicant, dated 25 July 2014, who states he was personally present with the applicant while the platoon was actively engaged in ground combat during the Tet Counteroffensive on 31 January 1968.

6.  His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 17 September 1965 through 4 August 1968.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

	b.  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.

	c.  The Valorous Unit Award may be awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  The Valorous Unit Award requires a lesser degree of gallantry, determination, and esprit de corps than that required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.  Extended periods of combat duty or participation in a large number of operational missions, either ground or air is not sufficient.

8.  U.S. Army Vietnam Regulation 672-1(Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It provided that the Combat Infantryman Badge was awarded to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  Additionally, appendix V 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.

9.  Army Regulation 672-5-1 (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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It 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.  This pamphlet shows:

	a.  Troop E, 2d Squadron, 11th Armored Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 through 10 August 1968 by Department of the Army General Order (DAGO) Number 60, dated 1969; and

	b.  Troop D, 17th Cavalry Regiment, 199th Infantry Brigade, was awarded the:

* Valorous Unit Award for the period 31 January through 19 February 1968 by DAGO Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 January through 19 February 1968 by DAGO Number 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 through 31 August 1970 by DAGO Number 51, dated 1971

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The instructions stated to enter the total period of active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed (e.g., U.S. Army Pacific (USARPAC)) in item 22c (Foreign and/or Sea Service).  Later versions of this regulation required listing the inclusive dates of service in Vietnam performed on or after 5 August 1964 in item 30 (Remarks) as follows:  "VIETNAM SERVICE:  FROM (date) TO (date)."

DISCUSSION AND CONCLUSIONS:

1.  HRC deleted award of the Combat Infantryman Badge from the applicant's DD Form 214 by issuance of a DD Form 215, dated 5 May 2014, based on an inability to verify his entitlement to this badge.  A review of his records by HRC did not reveal orders awarding him the Combat Infantryman Badge.  HRC also noted that although he held MOS 11B, he served in MOS 11D in an infantry unit in Vietnam and there was no evidence he served in MOS 11B while his unit was engaged in active ground combat.

2.  The evidence of record shows the applicant met the criteria outlined in U.S. Army Vietnam Regulation 672-1 for award of the Combat Infantryman Badge in effect at the time in that he held MOS 11D and was assigned to an infantry platoon in an armored cavalry squadron and regiment of an infantry brigade during which time the unit was awarded the Valorous Unit Award for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations.  Therefore, the DD Form 215 that was issued erroneously deleting the Combat infantryman Badge from his DD Form 214 should be voided.

3.  The applicant was awarded the Vietnam Service Medal and he participated in four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Vietnam Service Medal with four bronze service stars.

4.  He served honorably during the period 17 September 1965 through 4 August 1968.  He received all "excellent" conduct and efficiency ratings with the exception of a brief period where he was rated "unknown" and his records do not contain a commander's disqualification statement.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

5.  The units to which he was assigned during his service in Vietnam were awarded three Republic of Vietnam Gallantry Cross with Palm Unit Citations, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  His length of foreign service is shown on his DD Form 214; however, later regulatory guidance required entering the inclusive dates of service in Vietnam.  Therefore, it would be appropriate to show his dates of service in Vietnam in item 30 of his DD Form 214 in the prescribed format.

7.  The applicant is advised that he may obtain replacement medals by submitting his request in writing to:  National Personnel Records Center, 
ATTN:  Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 September 1965 through 4 August 1968;

	b.  deleting the Vietnam Service Medal from his DD Form 214;

	c.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	d.  adding the entry "VIETNAM SERVICE:  FROM 7 AUGUST 1967 TO 3 AUGUST 1968 to item 30 of his DD Form 214, and



	d.  voiding his DD Form 215 issued on 5 May 2014.



      ___________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)                                         AR20140013980



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ABCMR Record of Proceedings (cont)                                         AR20140013980



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