RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 February 2004
         DOCKET NUMBER: AR2003089106


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Carolyn Wade		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Lester Echols		Member
Mr. Robert J. Osborn, II		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Combat Infantryman Badge and that he was promoted to the pay grade of E-5.

2. The applicant states, in effect, that he has supporting documents to support his request.

3. The applicant provides a copy of Special Orders Number 2, Headquarters, United States Army Vietnam, dated 2 January 1970, awarding him the Combat Infantryman Badge.

4. The applicant provides a copy of Unit Orders Number 66, 194th Military Police (MP) Company (Physical Security), 1st Signal Brigade, dated 26 November 1969, appointing him to temporary Acting Sergeant/E-5.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 8 January 1970. The application submitted in this case is dated 3 April 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's military records show he was inducted into the Army of the United States on 4 June 1968 for a period of 2 years. The applicant was trained as an Infantryman in military occupational specialty (MOS) 11B and was assigned to Vietnam as his first permanent duty station.

4. The applicant arrived in Vietnam on or about 15 November 1968 and served with the 194th MP Company from 19 November 1968 through 6 January 1970. The unit provided security for signal sites in and around Song Be, Republic of Vietnam and was comprised of infantry Soldiers who performed patrolling, ambush, and other infantry-related missions.

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5. The applicant was honorably released from active duty on 8 January 1970 and transferred to the United States Army Reserve. He was credited with 1 year 7 months, and 5 days of active military service. His DD Form 214 shows he was awarded the following awards and decorations: the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Good Conduct Medal.

6. The applicant's DA Form 20 (Enlisted Qualification Record), item 41 (Awards and Decorations) shows the applicant was awarded the National Defense Service Medal, the Expert Marksmanship Badge with Rifle Bar, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 Device, and the Expert Marksmanship Badge with M-16 Bar. It appears that none of these awards were issued to the applicant.

7. The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

8. The applicant’s DD Form 214 shows his rank as Specialist Four (SP4/E-4).

9. The applicant provided a copy of Special Orders Number 2, Headquarters, United States Army Vietnam, dated 2 January 1970, showing he was awarded the Combat Infantryman Badge along with 16 other Soldiers of the 194th MP Company effective 22 November 1969.

10. The applicant provided a copy of Unit Orders Number 66, 194th MP Company, 1st Signal Brigade, dated 26 November 1969, showing he was temporarily appointed to Acting Sergeant (SGT/E-5).

11. Army Regulation (AR) 635-5 (Separation Documents), then in effect, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service, or control of the Active Army. It established a standardized policy for preparing and distributing the DD Form 214, which is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states that the information placed in items 5a and 5b would be the grade in which the Soldier was serving at the time of separation and whether the grade was permanent or temporary.

12. AR 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and

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tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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 Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13. AR 600-8-22, in pertinent part, authorizes award of a Bronze Service Star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized Bronze Service Stars will be worn on the appropriate service medal. The applicant participated in one campaign and is entitled to one bronze service star for wear on his Vietnam Service Medal.

14. AR 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole month for credit toward the Overseas Service Bar.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross Unit Citation with Palm for the period 20 July 1965 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was cited for award of the Meritorious Unit Commendation for the period 1 August 1967 to 31 October 1969 by Department of the Army General Order Number 48, dated 1971.

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DISCUSSION AND CONCLUSIONS:

1. Based on the evidence in this case, the applicant is entitled to correction of his records to show awards which were omitted through administrative error at the time the applicant was separated from active duty.

2. The evidence of record shows the applicant was awarded the Good Conduct Medal for the period 4 June 1968 through 8 January 1970, the Vietnam Service Medal, the National Defense Service Medal, the Vietnam Campaign Medal with 60 Device, the Expert Marksmanship Badge with M-16 Bar, and the Expert Marksmanship Badge with Rifle Bar; however, it appears they were never issued.

3. The evidence of record shows the applicant is entitled to two Overseas Service Bars and one Bronze Service Star for wear on his Vietnam Service Medal.

4. Although the applicant was an infantryman, he did not serve in an infantry unit during his service in Vietnam. However, Headquarters, United States Army Vietnam, on 2 January 1970, issued Special Orders Number 2 authorizing the applicant and 16 other Soldiers of the 194th MP Company award of the CIB. These orders, issued by competent authority, are accepted as the applicant's entitlement to the CIB.

5. The evidence of record shows that the applicant was temporarily appointed to Acting Sergeant (SGT/E-5). In such appointments, Soldiers are able to wear the rank insignia, but do not receive pay for that rank because they have not been officially promoted. Therefore, as an appointed SGT/E-5, the applicant is not entitled to have his rank shown in 5a of his DD Form 214 as SGT(T) and in 5b as E-5.

BOARD VOTE:

__jhl___ __le____ __rjo___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

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BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing:

a. That he is entitled to award of the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Meritorious Unit Commendation, the Expert Marksmanship Badge with Rifle Bar, the Expert Marksmanship Badge with M-16 Bar, two Overseas Service Bars, and one Bronze Service Star for wear on his Vietnam Service Medal.

b. That he be issued all of the decorations and awards he is authorized to receive.

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 correcting items 5a and 5b to show that the applicant was serving in the rank/grade of SGT(T)/E-5 at the time of his discharge.




                           Joann Langston
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089106
SUFFIX
RECON
DATE BOARDED	20040212
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0111
2.
3.
4.
5.
6.