IN THE CASE OF:  	  

		BOARD DATE:  21 April 2015  	  

		DOCKET NUMBER:  AR20140015281 


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).

2.  He states he never received orders or the CIB.  

3.  He does not provide any additional evidence.

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 10 July 1967.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He served in the Republic of Vietnam (RVN) from 
16 January to 29 August 1968 and he was assigned to Company A, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division.  He served 3 years on active duty and was honorably released from active duty on 9 July 1970.

3.  His DD Form 214 shows the:

* Purple Heart
* Army Good Conduct Medal 
* Air Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)

4.  Headquarters, 1st Air Cavalry Division, General Orders Number 8637, dated 
18 July 1968, contained in his official military personnel records, show he was awarded the Purple Heart for wounds received in action on 2 August 1968.

5.  Headquarters, 1st Air Cavalry Division, General Orders Number 11165, dated 
23 August 1968, contained in his official military personnel records, show he was awarded the Bronze Star Medal (BSM) for meritorious service not involving participation in aerial flight in connection with military operations against a hostile force in the RVN from January to July 1968.

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16) and the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).

7.  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.  

8.  U.S. Army Vietnam 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.  It clarifies the term "smaller size" as a unit of squad, platoon or company size.  Example:  Personnel possessing an infantry MOS in a rifle squad of a cavalry platoon of an armored cavalry troop would be eligible for award of the CIB if other criteria are also met.  

9.  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.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)

10.  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 Company A, 2nd Battalion, 7th Cavalry Regiment, to which he was assigned was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 70, dated 1969, amended by DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he served in an infantry MOS and he was assigned to the 7th Cavalry Regiment.  The orders awarding him the Purple Heart confirms he was wounded in action on 2 August 1968.  Therefore, it would be appropriate at this time to award him the CIB and to correct his DD Form 214 to show this award.

2.  Orders awarded the applicant the BSM.  Therefore, his DD Form 214 should be corrected to show this award.

3.  His DA Form 20 verifies that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16) and the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  The evidence of record shows he is entitled to wear the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The evidence also shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show four bronze service stars for wear on his already-awarded VSM.

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

b. awarding him the Combat Infantryman Badge; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16)
* Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Vietnam Service Medal with four bronze service stars




      _______ _   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)                                         AR20140015281





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ABCMR Record of Proceedings (cont)                                         AR20140015281



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