RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  12 June 2007
	DOCKET NUMBER:  AR20060016474 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Ms. LaVerne M. Douglas

Chairperson

Ms. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

Member

	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, Good Conduct Medal, and all other awards he is authorized.

2.  The applicant states, in effect, that he was awarded and received the Combat Infantryman Badge while serving in Vietnam and was told that the paperwork would follow.  He also states, in effect, that the badge was not recorded on his discharge document and he believes the paperwork never made it to his records.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 26 June 1972 and a U.S. Army Vietnam Citation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 26 June 1972, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 14 November 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 military service records show that he was inducted and entered the U.S. Army on 16 July 1970.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 13A (Field Artillery Basic) and was subsequently awarded MOS 13B (Field Artillery Crewman).

4.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from 9 July 1971 through 25 June 1972.  Item 39 (Campaigns) of this document shows that he participated in 1 unnamed campaign.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows, in pertinent part, that he was assigned to A Battery, 3rd Battalion, 18th Artillery in Vietnam from 25 July 1971 through 22 September 1971, with principal duty as a Cannoneer (Duty MOS 13B4O).  On 1 October 1971, he was assigned to
B Battery, 2nd Battalion (Airmobile), 11th Artillery (Vietnam), with principal duty as a Section Chief (Duty MOS 13B4O) until 21 December 1971.  The applicant was then assigned to the 518th Adjutant General Company, Personnel Service (Type D) in Vietnam with principal duty as a Section Chief (Duty MOS 13B4O) from 22 December 1971 until 5 January 1972.  On 6 January 1972, he was assigned to Company D, 52nd Infantry (Vietnam), with principal duty as a Section Chief (Duty MOS 13B4O) until 7 May 1972.  On 8 May 1972, he was reassigned to Company D, 51st Infantry (Vietnam), with principal duty as a Section Chief (Duty MOS 13B4O) until 25 June 1972.  He departed Vietnam to return to the continental United States on 26 June 1972.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with “1960” Device under authority of Army Regulation 672-5-1 (Military Awards).  Item 41 also shows that he was awarded 1 Overseas Service Bar under authority of Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia).  Item 41 further shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar and Marksman Marksmanship Qualification Badge with Rifle Bar under authority of Headquarters, U.S. Army Training Center, Infantry, and Fort Dix, Fort Dix, New Jersey, Special Orders Number 254, dated 11 September 1970.  Item 41 also shows the entry “CIB” (i.e., Combat Infantryman Badge); however, the authority for this badge is not annotated in Item 41.

7.  The applicant's military service records are absent orders awarding him the Combat Infantryman Badge.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and Item 38 of his DA Form 20 shows that he received conduct and efficiency ratings of “excellent” throughout his service.

9.  The applicant's DD Form 214, issued at the time of his separation, shows he was honorably REFRAD on 26 June 1972 after completing 1 year, 11 months, and 11 days active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with “1960” Device.

10.  In support of his application, the applicant provides a copy of his DD Form 214 and a U.S. Army Vietnam Citation.  The DD Form 214 shows, in pertinent part, that the applicant completed the Field Artillery Noncommissioned Officer Candidate (13B4O) Course; held MOS 13B4O (Field Artillery Crewman); and that he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with “1960” Device during his military service.  The U.S. Army Vietnam Citation shows that the Commanding Officer of Company D, 51st Infantry (Vietnam), presented the Company Certificate of Achievement to the applicant for distinguishing himself by meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 9 May 1972 to 30 June 1972.  The citation contains, in pertinent part, a handwritten notation at the top left margin of the certificate that reads, “Infantry Citation.”

11.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following 3 campaigns:  Consolidation I, Consolidation II, and the Vietnam Cease-Fire.

13.  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 that at the time of the applicant's assignment to B Battery, 2nd Battalion (Airmobile), 11th Artillery, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 6 (1974).

14.  The applicant's records contain a copy of Headquarters, U.S. Army Training Center, Infantry, and Fort Dix, Fort Dix, New Jersey, Special Orders Number 254 (Extract), dated 11 September 1970, which shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar and Marksman Marksmanship Qualification Badge with Rifle Bar.

15.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the Combat Infantryman Badge.  This paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

16.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation established the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  It stated that the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service and further added, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted Soldiers who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Award of the Combat Infantryman Badge during the Vietnam-era was announced in unit special orders, normally published at battalion or brigade level.  In addition, in similar cases regarding enlisted Soldiers, the Military Awards Branch of the U.S. Army Human Resources Command has advised that during the Vietnam-era the Combat Infantryman Badge was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

19.  Army Regulation 600-8-22 provides, in pertinent part, for 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 campaign or service medal, which includes the Vietnam Service Medal.

20.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

21.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

22.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), 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 for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message. 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 whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Combat Infantryman Badge and Good Conduct Medal and that his records should also be corrected to show all authorized awards that are not currently recorded on his
DD Form 214.

2.  The evidence of record shows that the applicant was awarded MOS 13B (Field Artillery) as his primary MOS and served continuously in Duty MOS 13B during the entire period of his overseas service in Vietnam.  While the evidence of record does show that the applicant was assigned to two different infantry units during the last half of his overseas tour in Vietnam, this, in and of itself, does not satisfy the requirements or criteria for award of the Combat Infantryman Badge.  Specifically, there is no evidence of record that shows the applicant was awarded an infantry MOS and that he served in an infantry MOS while assigned to an infantry unit serving in Vietnam.  In this regard, the U.S. Army Vietnam Citation that the applicant provides in support of his claim does not offer such evidence.

3.  While the evidence of record shows that the “CIB” was entered in Item 41 of the DA Form 20; there is no authority annotated in support of this entry.  In this regard, there is no evidence of record showing that he qualified for the Combat Infantryman Badge and there are no unit special orders authorizing the applicant award of the Combat Infantryman Badge.  Therefore, in view of the foregoing, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

4.  The evidence or record shows that the applicant is entitled to the first award of the Good Conduct Medal for the period 16 July 1970 through 26 June 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  Records show that the applicant served in 3 campaigns in Vietnam. Therefore, he is entitled to correction of his records to show award of 3 bronze service stars to be affixed to his Vietnam Service Medal.

6.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

7.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Grenade Bar and Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his records to show these badges.

8.  Records show that the applicant served a total of 12 months in Vietnam.  Therefore, he is entitled to correction of his records to show award of 2 Overseas Service Bars.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 26 June 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
25 June 1975.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___LMD_  ___EEM__  ___RMN_ 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:

	a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 16 July 1970 to 26 June 1972;

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

	c.  adding to his DD Form 214 the Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and
2 Overseas Service Bars.

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 the Combat Infantryman Badge.




____LaVerne M. Douglas____
          CHAIRPERSON



INDEX

CASE ID
AR20060016474
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/06/12
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19720626
DISCHARGE AUTHORITY
AR 635-200, Chapter 5, Section VII
DISCHARGE REASON
Early Separation of Overseas Returnee
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0111.0000
2.
107.0056.0000
3.

4.

5.

6.