IN THE CASE OF:	   

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140017483 


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 he was awarded the Army Commendation Medal with "V" Device and the Combat Infantryman Badge.  
2.  The applicant states, in effect, he believes his award of the Purple Heart, the citation accompanying his Army Commendation Medal with "V" Device, and his military occupational specialty (MOS) of 11H (Infantry Direct Fire Crewman) should be sufficient to show his entitlement to the Combat Infantryman Badge.

3.  The applicant provides no additional evidence in support of his request.

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 Army of the United States on 3 May 1966, held MOS 11H, and attained the rank/grade of specialist four/E-4.

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

	a.  He served in Vietnam beginning on or about 23 October 1966, and he was assigned to Company D, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division from 28 October 1966 to 22 February 1967.  He was subsequently assigned to the Medical Holding Detachment, 249th General Hospital, Camp Zama, Japan, in a patient status from 23 February 1967 to 19 April 1967.

	b.  Item 40 (Wounds) shows he was wounded in action as a result of hostile enemy action on 28 January 1967.  His injuries indicated he received a gunshot wound that resulted in a hemothorax (a collection of blood in the space between the chest wall and the lung (the pleural cavity)).

4.  General Orders Number 22, issued by Headquarters, 249th General Hospital, Camp Zama, Japan on 20 February 1967, awarded him the Purple Heart for wounds he received in action as a result of hostile enemy action on 28 January 1967.

5.  General Orders (GO) Number 2233, issued by 1st Cavalry Division (Airmobile) on 7 May 1967, awarded him the Army Commendation with "V" Device.  The reason/citation portion of the award stated:

For heroism in connection with military operations against a hostile force.  [The applicant] distinguished himself by heroism in action on 28 January 1967, while serving as a machine gunner with Company D, 2nd Battalion, 12th Cavalry [Regiment] during a combat air assault mission near the village of Tan An, Republic of Vietnam.  After moving some 200 meters from the landing zone, [the applicant's] platoon came under heavy enemy automatic weapons fire and sustained three casualties.  Responding immediately, [the applicant] rushed from his position near the rear of the platoon and charged forward of the lead element.  Ignoring the heavy enemy fire, he placed extremely effective suppressive fire on the bunkers, enabling the wounded to be extracted from the embattled area.  When two more were wounded [the applicant] once again, disregarding his own safety, rushed to counter the enemy fire.  During his movement to assist his fellow soldiers, he was severely wounded and evacuated from the area…

6.  He was honorably retired on 14 May 1968.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Purple Heart
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar 

7.  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 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.

8.  A review of his service records shows he had "excellent" conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial punishment, suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 
3 May 1966 to 14 May 1968.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) campaign.

11.  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 2nd Battalion, 12th Cavalry Regiment was cited for award of the:  

* Valorous Unit Award for the period 1 October 1967 to 31 October 1967, by DAGO Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the Period 9 August 1965 to 9 May 1969, DAGO Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Army Commendation Medal with "V" Device; therefore, he is entitled to correction of his DD Form 214 to add this award.

2.  While serving in combat operations in the Republic of Vietnam, the applicant served in an infantry duty MOS (11H) in a qualifying infantry unit (Company D, 2nd Battalion, 12th Cavalry Regiment), and he participated in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Consequently, he meets the criteria for award of the Combat Infantryman Badge and is entitled to correction of his DD Form 214 to add this award.  

3.  He served honorably during the period 3 May 1966 to 14 May 1968.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received "excellent" conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

4.  The evidence of record shows he participated in one campaign while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show one bronze service star to be affixed to his previously-awarded Vietnam Service Medal.

5.  GO awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.





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 Army Good Conduct Medal (1st Award) for the period  3 May 1966 through 14 May 1968, and the Combat Infantryman Badge for the period of 28 January 1967; and

	b.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Combat Infantryman Badge
* Valorous Unit Award 
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140017483





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ABCMR Record of Proceedings (cont)                                         AR20140017483



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