RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 June 2007
	DOCKET NUMBER:  AR20060016886 


	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. Sherri V. Ward

Chairperson

Mr. Richard T. Dunbar

Member

Mr. David W. Tucker

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 Bronze Star Medal and Combat Infantryman Badge.

2.  The applicant states, in effect, that since he was not a United States (U.S.) citizen when he joined the U.S. Army, he could not obtain a security clearance.  He also states, in effect, as a result, he was utilized most of the time in his unit as a helicopter door gunner and also on U.S. Air Force reconnaissance aircraft.  The applicant further states, in effect, he was fired on while performing this duty and the colonel on board the aircraft gave him orders for the Bronze Star Medal and Combat Infantryman Badge.

3.  The applicant provides a copy of National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 8 November 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
2 January 1967, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 27 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.  Title 10 of the United States Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or upgrading of a decoration) either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

4.  The applicant requests award of the Bronze Star Medal.  However, there are no orders or other evidence on file in his Official Military Personnel File (OMPF) that confirms his entitlement to this award.  In the absence of authority for the award, the applicant may request award of the Bronze Star Medal under the provisions of 10 USC 1130.  The applicant has been notified by separate correspondence of the procedures for applying for this award under 10 USC 1130.  As a result, the award will not be discussed further in this Record of Proceedings.

5.  The applicant's military service records contain a DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 3 January 1964.  This document shows that the applicant enlisted in the Regular Army for a period of
3 years on 3 January 1964.  This document also shows that he was not a
U.S. citizen, but was lawfully admitted to the U.S. for permanent residence.

6.  The applicant's military service records show that upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver).  The applicant also attended and completed basic airborne training and was awarded a special qualification identifier (SQI) of “P” (Airborne).  The applicant’s MOS was later redesignated as 45B2P (Heavy Vehicle Driver, Skill Level 2, Airborne).

7.  The applicant's military service records show that he was assigned to Company C (Supply and Transportation), 173rd Support Battalion in Vietnam as a Heavy Vehicle Driver (Duty MOS 45B2P) from 12 May 1965 through
19 November 1965.  He was then assigned to Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division as a Heavy Vehicle Driver (Duty MOS 45B2P) from 22 November 1965 through 2 May 1966.  

8.  Item 39 (Campaigns) of the applicant's DA Form 20 (Enlisted Qualification Record) is absent any entries.  Item 41 (Awards and Decorations) shows that the applicant was awarded the National Defense Service Medal, Vietnam Service Medal, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.

9.  There are no orders in the applicant’s military service records which show that he was awarded the Combat Infantryman Badge and the badge is not listed in Item 41 of his DA Form 20.


10.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued at the time of his REFRAD, shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Vietnam Service Medal, and Parachutist Badge.  This document also shows that the applicant was honorably REFRAD on 2 January 1967 after completing a total of 3 years active service.

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.  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 and his records do not contain any adverse information during this period of service.

13.  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 2 campaigns:  Vietnam Defense and Vietnam Counteroffensive.

14.  The applicant's military service records contain a copy of Headquarters,
1st Brigade (Training), Fort Ord, California, Special Orders Number 28, dated
14 February 1964, which show he was awarded the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.

15.  The applicant's military service records contain a copy of Headquarters,
173rd Airborne Brigade (Separate) (Okinawa, Japan), Special Orders Number 99, dated 27 April 1965, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar.

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 that at the time of the applicant's assignment to Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division, the unit was awarded the Valorous Unit Award by Headquarters, Department of the Army, General Orders Number 17 (1968), as amended by General Orders Number 1 (1969).  This document also shows that, at the time of the applicant's assignment, the unit was awarded the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 17 (1968), as amended by General Orders Number 1 (1969).

17.  Department of the Army Pamphlet 672-3 also shows that at the time of the applicant's assignment to Company C (Supply and Transportation),
173rd Support Battalion, the unit was awarded the Meritorious Unit Commendation by Headquarters, Department of the Army, General Orders Number 48 (1968).  This document further shows that, at the time of the applicant's assignment, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 51 (1971).

18.  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.

19.  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.

20.  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.

21.  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.

22.  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 service medal, which includes the Vietnam Service Medal.

23.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

24.  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.

25.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

26.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.

27.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote a second and each succeeding award of certain decorations, among which is the Meritorious Unit Commendation.

28.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or was attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.

29.  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.

30.  Army Regulation 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 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 because he was fired upon while performing duty in an aircraft and the officer on board the aircraft gave him orders for the badge.  However, the applicant provides insufficient evidence in support of his claim.

2.  The evidence of record shows that the applicant was awarded MOS 45B (Heavy Vehicle Driver) as his primary MOS and, as he was airborne qualified, he served in Duty MOS 45B2P during the entire period of his overseas service in Vietnam.  The evidence of record also shows that the criteria for award of the Combat Infantryman Badge requires that 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.  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 addition, there are no unit special orders or any other evidence of record that shows the applicant was awarded the Combat Infantryman Badge.  Therefore, in view of the foregoing, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 3 January 1964 through 2 January 1967 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.

4.  Records show that the applicant participated in 2 campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 2 bronze service stars to be affixed to his Vietnam Service Medal.

5.  Army regulation authorized the applicant award of the Republic of Vietnam Campaign Medal with “1960” Device.  Therefore, he is entitled to correction of his records to show award of this medal.

6.  The evidence of record shows that Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.  Therefore, it would be appropriate to correct his records to show these two badges.

7.  General Orders awarded the applicant's unit the Valorous Unit Award.  Therefore, it would be appropriate to correct his records to show this unit award.

8.  The evidence of record shows that General Orders awarded the Meritorious Unit Commendation to the applicant’s assigned unit on two separate occasions.  Therefore, it would be appropriate to correct his records to show the two unit awards.

9.  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.

10.  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.

11.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 2 January 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
1 January 1970.  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 

___SVW_  ___RTD _  ___DWT_  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 for the period 3 January 1964 to 2 January 1967;

	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 2 bronze service stars, Republic of Vietnam Campaign Medal with “1960” Device, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, Valorous Unit Award, Meritorious Unit Commendation (1st Oak Leaf Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation, 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.




____   Sherri V. Ward_____
          CHAIRPERSON




INDEX

CASE ID
AR20060016886
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/06/21
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19670102
DISCHARGE AUTHORITY
AR 635-200 
DISCHARGE REASON
Expiration Term of Service
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0014.0000
2.
107.0111.0000
3.
107.0056.0000
4.

5.

6.