RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060008713 


	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.


x

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

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


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Combat Infantryman Badge (CIB), Presidential Unit Citation (PUC), Valorous Unit Award (VUA), Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) First Class Unit Citation, and all other awards to which he is entitled. 

2.  The applicant states, in effect, that while serving a tour in the RVN from June 1967 through June 1968, he was assigned to the 551st Maintenance Company.  He states that the majority of his tour was spent in the field in direct support of combat operations, and he believes that based on his combat action service he is entitled to award of the CIB.  He also states he was informed that his unit received award of the PUC, VUA, and RVNCAHM First Class Unit Citation.  He further states he is now requesting that these awards and any others he may be entitled be added to his separation document (DD Form 214).  

3.  The applicant provides no additional documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 3 May 1969, the date of his separation.  The application submitted in this case is dated 4 June 2006.

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 limitations 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 records shows he was initially inducted into the Army of the United States (AUS) and entered active duty on 26 April 1966, in an enlisted status.  He was trained and served in military occupational specialty (MOS) 
11B (Light weapons Infantryman).  


4.  On 3 May 1967, the applicant was honorably discharged for the purpose of accepting a commission.  The DD Form 214 he was issued at the time confirms he completed a total of 1 year and 8 days of active military service in an enlisted status and that he attained the rank of sergeant (SGT).  It also shows he earned the National Defense Service Medal, Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Machinegun Bar.  

5.  On 4 May 1967, the applicant was appointed as a Second Lieutenant (2LT) in the Ordnance Corps of the United States Army Reserve (USAR), and on 21 April 1967, he was ordered to active duty as an obligated officer for a period of 2 years.  

6.  The applicant's Officer Qualification Record (DA Form 66) shows he served in the Republic of Vietnam (RVN) from 8 June 1967 through 6 June 1968.  It further shows that during his RVN tour, he was assigned to the 551st Light Equipment Maintenance Company, performing duties in MOS 4200 as a supply officer.  Item 21 (Awards and Decorations) shows he earned the following awards during his active duty tenure:  National Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal with 1960 Device; Bronze Star Medal; Army Good Conduct Medal; Sharpshooter Marksmanship Qualification Badge with Rifle 
(M-14) Bar; Expert Marksmanship Badge with Machinegun (M-60) Bar; and Marksmanship Qualification Badge with Rifle (M-16) Bar.

7.  On 3 May 1969, the applicant was honorably released from active duty (REFRAD) after completing 2 years of active military service.  The DD Form 214, he was issued at the time shows he held the rank of first lieutenant (1LT), and that he served in MOS 4815 (Field Maintenance Officer).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal, Vietnam Campaign Medal, RVN Campaign Medal with 1960 Device, Bronze Star Medal, and 2 Overseas Bars.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each RVN campaign a member is credited with participating in.  


9.  Chapter 8 of the awards regulation contains guidance on award of combat badges.  It states, in pertinent part, that in order to support award of the CIB, the member must hold an infantry MOS, must serve in a qualifying infantry unit of brigade, regimental or smaller size, and must have been personally present and participated with the qualifying infantry unit while it was engaged in active ground combat with hostile forces.  In order to qualify for the CIB, a Soldier must be an Army infantry or special forces (11 or 18 specialty) in the grade of colonel or below, or an Army enlisted Soldier or warrant officer with an infantry or special forces MOS, who satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, to close with and destroy the enemy with direct fires.

10.  The awards regulation states that during the Vietnam Conflict, any officer whose basic branch was other than infantry who, under appropriate orders, commanded a line infantry (other than a headquarters unit) unit of brigade, regimental, or smaller size for at least 30 consecutive days was deemed to have been detailed in infantry and was eligible for award of the CIB notwithstanding absence of a written directive detailing that Soldier in the infantry, provided all other requirements for the award had been met.  

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment 
in the RVN, the applicant’s unit (551st Maintenance Company) earned the Valorous Unit Award.  It also confirms that credit was granted for the Vietnam Counteroffensive Phase III, TET 69 Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.  There is no evidence showing his unit was ever awarded the Presidential Unit Citation or RVNCAHM First Class Unit Citation. 

12.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the VUA was carefully considered and found to have merit.  The evidence of record confirms that during his tenure of service in the RVN, his unit was awarded the VUA.  Therefore, it would be appropriate to add this award to his record at this time.

2.  The evidence of record also confirms that based on his RVN service and campaign participation, the applicant is entitled to the RVN Gallantry Cross with Palm Unit Citation and 3 bronze service stars with his VSM.  Thus, it would also be appropriate to add these awards to his record at this time.

3.  The applicant's contention that he is entitled to award of the CIB was carefully considered.  However, there is insufficient evidence to support his claim of entitlement to the CIB.  By regulation, in order to support award of the CIB, there must be evidence not only that the member held an infantry MOS or specialty, service in a qualifying infantry unit of brigade, regimental, or smaller size, and that he was present with the unit at a time when it engaged enemy forces in active ground combat, and that he actively participated in such ground combat.  

4.  The evidence of record in this case, confirms that during the applicant's RVN tour of duty, he was assigned to a maintenance company, performing duties in specialty 4200 as a supply officer.  Absent any evidence that he ever served with a qualifying infantry unit performing infantry duties while serving in the RVN, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case. 

5.  The evidence of record is also void of any indication that the applicant's RVN unit received the PUC or RVNCAHM First Class Unit Citation during his tenure of assignment.  Therefore, there is an insufficient evidentiary basis to support adding these awards to his DD Form 214 at this time

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x __  ___x _  __x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 his entitlement to the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 3 bronze service stars for wear with his Vietnam Service Medal; and by providing him a correction to his separation document that includes these awards.  

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 award of the Combat Infantryman Badge, Presidential Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  




_____x__
          CHAIRPERSON




INDEX

CASE ID
AR20060008713
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/02/27
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.

2.

3.

4.

5.

6.