IN THE CASE OF:	  

		BOARD DATE:	 9 June 2015 

		DOCKET NUMBER:  AR20140018259 


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 served as an infantry scout with the 1st Armored Cavalry, Americal Division in the Republic of Vietnam (RVN) in 1967 and 1968. He was awarded the Bronze Star Medal with "V" Device for heroism and two awards of the Purple Heart for being wounded in action.  Based on his service he contends that he should be awarded the Combat Infantryman Badge.

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 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 2 August 1966.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 9 December 1966 and MOS 11D (Amor Intelligence Specialist) on 10 January 1968.  He was also promoted to sergeant (SGT)/E-5 this date.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows, in pertinent part, in:

* item 29 (Qualification in Arms) –

* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* Second Class Gunner Badge with Machinegun (M-60) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar

* item 31 (Foreign Service):  Vietnam from 10 August 1967 through ETS (expiration term of service)

* item 38 (Record of Assignments) –

* Duty MOS (DMOS) 11D4O, Assistant Squad Leader – B Troop,
1st Squadron, 1st Cavalry, 1st Armored Division, from 28 August 1967 through 24 February 1968
* DMOS 11D4O, Squad Leader – 14th Security Platoon from 
25 February through 6 July 1968
   
* item 40 (Wounds) –

* fragment wound, left arm, 9 November 1967
* shrapnel wound, right index finger and left lower lip, 12 January 1968

* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart (1st Oak Leaf Cluster)
* Bronze Star Medal with "V" Device
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar


4.  General Orders (GO) issued by Headquarters, Americal Division, announced the following awards to the applicant –

* GO Number 1392, dated 25 November 1967 – the Purple Heart for wounds received in action on 9 November 1967
* GO Number 381, dated 31 January 1968 – the Purple Heart (1st Oak Leaf Cluster) for wounds received in action on 12 January 1968
* GO Number 642, dated 12 February 1968 – the Bronze Star Medal with "V" Device for heroism on 10 January 1968

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 13 July 1968.

* He completed 1 year, 11 months, and 12 days of total active service during this period that included 11 months and 4 days of foreign service
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Purple Heart
* Bronze Star Medal
* RVN Campaign Medal
* Vietnam Service Medal
* one Overseas Service Bar

6.  A review of the applicant's military personnel records failed to show any evidence that he was awarded the Combat Infantryman Badge.

7.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant as a casualty on –

* 9 November 1967, casualty status code 23 (hostile wounded in action:  not serious, hospitalized)
* 12 January 1968, casualty status code 24 (hostile wounded in action:  not serious, not hospitalized)

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of GOs 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.
9.  A review of the applicant's military personnel records revealed he may be entitled to additional awards that are not shown on his DD Form 214.

10.  Headquarters, Fort Polk, LA, Special Orders (SO) Number 288, dated 
7 November 1966, awarded the applicant the Second Class Gunner Badge (now known as the Marksman Marksmanship Qualification Badge) with Machinegun (M-60) Bar.

11.  Headquarters, 1st Armored Division (Old Ironsides), Fort Hood, TX, 
SO Number 174, dated 24 July 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

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

* Troop B, 1st Squadron, 1st Cavalry, was cited for award of the Presidential Unit Citation for actions during the period 2 January through 12 February 1968 in Department of the Army General Orders (DAGO) Number 42 (1970)
* 1st Squadron, 1st Cavalry, was cited for award of the Presidential Unit Citation for actions during the period 31 January 1968 through 31 March 1968 in DAGO Number 60 (1969)
* 14th Security Platoon was cited for award of the –

* Presidential Unit Citation for actions on 12 May 1968 in DAGO Number 43 (1970)
* RVN Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968 in DAGO Number 21 (1969), as amended by DAGO Number 43 (1970)

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

   a.  The Vietnam Service Medal (VSM) 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 VSM 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 following campaigns –

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

	c.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted Soldiers 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.  

14.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards), Appendix V, shows that during the Vietnam era the Combat Infantryman Badge was awarded to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  It also provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.  

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record shows the applicant was awarded MOS 11D and he served in DMOS 11D4O in the RVN while assigned to B Troop, 1st Squadron, 1st Cavalry, 1st Armored Division, from 28 August 1967 through 24 February 1968.

	a.  During this period, he received campaign participation credit for two campaigns, he was wounded in action on two occasions, and he was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against hostile forces in the RVN.

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

3.  The evidence of record also shows:

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


	b.  DAGOs awarded the applicant's unit the –

* Presidential Unit Citation (three awards)
* RVN Gallantry Cross with Palm Unit Citation

   c.  SOs awarded him the –

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Marksman Marksmanship Qualification Badge with –

* Rifle (M-14) Bar
* Machinegun (M-60) Bar

4.  Therefore, it would be appropriate to correct the applicant's DD Form 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 exemplary conduct in active ground combat in the Republic of Vietnam from 28 August 1967 to 
24 February 1968 (Standard Name Line:  SGT, B Troop, 1st Squadron, 
1st Cavalry, 1st Armored Division);

	b.  deleting all the entries from item 24 of his DD Form 214; and


	c.  adding the following awards to item 24 of his DD Form 214 –

* Bronze Star Medal with "V" Device
* Purple Heart (1st Oak Leaf Cluster)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 4 Bronze Service Stars
* Presidential Unit Citation (2nd Oak Leaf Cluster)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rife (M-16) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars
* 1 Overseas Service Bar




      _______ _   __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)                                         AR20140018259



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ABCMR Record of Proceedings (cont)                                         AR20140018259



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