RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 August 2007
	DOCKET NUMBER:  AR20070001208 


	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:


Mr. Michael J. Flynn

Chairperson

Mr. Larry W. Racster

Member

Mr. Donald W. Steenfott

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 for his service in Vietnam.

2.  The applicant states, in effect, he recently went to a Veterans Affairs (VA) hospital and learned that his service with the 125th Signal Battalion, 25th Infantry Division in Vietnam was not recognized by the VA as a “Stressor” because he was not awarded the Combat Infantryman Badge.

     a.  The applicant states, in effect, that he received combat pay while in Vietnam and his experience there sure felt like combat.  The applicant adds that he recently wrote a letter to the VA Benefits Board and invites this Board to read it.  (The applicant failed to attach a copy of the referenced letter to his application.)  The applicant further states, in effect, his “non-combat” experience in Vietnam wrecked his whole life, he never received any medals for his service, and it is a disgrace how the U.S. Government simply returned Vietnam veterans back to society.

     b.  The applicant also states, in effect, for at least 12 years after he returned home he was a disaster; however, he overcame his problems on his own and now, at age 60, he seeks help from his government.  He also states, in effect, that he would have thought anyone who spent 6 months in Vietnam living in a
2-man tent, going out to lay lines for communications, pulling bunker guard, and being subject to mortar attacks while in base camp would be awarded the Combat Infantryman Badge.  However, the applicant concludes that apparently this did not qualify as being in combat and for award of the Combat Infantryman Badge.  The applicant states, in effect, that not awarding any Solder a combat medal is a great injustice and acknowledges that he is bitter about his situation.

3.  The applicant provides a 3-page, self-authored statement, dated 17 January 2007, that indicates courtesy copies of the letter were provided to Congressman Joe W_____, Senator Brad H____, and the Honorable Rodney A. P______.

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 Army Board for Correction of Military Records (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's military service records show that he enlisted in the Regular Army for a period of 3 years on 4 September 1963.   Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 36C (Lineman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in U.S. Army, Pacific (Hawaii) from 6 February 1964 through 25 February 1966 and in the Republic of Vietnam from 26 February 1966 through 11 July 1966.  Item 39 (Campaigns) of this document is absent an entry.

4.  Item 38 (Record of Assignments) of the DA Form 20 shows that the applicant was assigned to Company C, 125th Signal Battalion, 25th Infantry Division in Vietnam, on 26 February 1966, with principal duty as a senior wireman (Duty MOS 36C1O).  This item also shows that the applicant continued to serve in that Duty MOS until he redeployed to the continental United States on 10 July 1966.  Item 38 further shows that, on 10 July 1966, the applicant was medically evacuated from Vietnam and transferred in a patient status to the U.S. Army School/Training Center, Fort Gordon, Georgia.

5.  There are no orders in the applicant’s military service records that show he was awarded the Combat Infantryman Badge and his DA Form 20 does not list the Combat Infantryman Badge in Item 41 (Awards and Decorations).  

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued at the time of his separation, shows he was honorably REFRAD on 12 August 1966 after completing 2 years, 11 months, and 8 days net active duty.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Driver and Mechanic Badge with Driver W-Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  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.
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 he received conduct and efficiency ratings of “excellent” throughout his service.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant participated in the following 2 campaigns:  Vietnam Counteroffensive and Vietnam Counteroffensive Phase II.

10.  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 the 125th Signal Battalion, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971).

11.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the Combat Infantryman Badge.  That 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 of brigade, regimental or smaller size during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Award of the Combat Infantryman Badge during the Vietnam Conflict was announced in unit special orders, normally published at battalion or brigade level.

12.  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 that 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.  It also provided that award of the Combat Infantryman Badge during the Vietnam Conflict was announced in unit special orders, normally published at battalion or brigade level.  

13.  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.  

14.  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.

15.  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.

16.  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.

17.  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, 1 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 received combat pay and experienced the hazards and stressors of combat while serving in Vietnam.  However, the applicant provides insufficient evidence in support his claim.

2.  There are no unit orders or other evidence of record that shows the applicant was awarded the Combat Infantryman Badge.  The evidence of record shows the applicant held MOS 36C and performed the principal duties of a senior wireman while assigned to Company C, 125th Signal Battalion in Vietnam.  The Military Awards regulation sets forth the criteria for award of the Combat Infantryman Badge as the man who trained, lived, and fought as an infantryman.  In this regard, the evidence of record shows that the applicant did not hold and/or serve in an infantry MOS, nor was he assigned or attached to an infantry unit of brigade, regimental or smaller size while serving in Vietnam.  Therefore, in view of all of the foregoing, the applicant is not entitled to correction of his records to show award of the Combat Infantryman Badge.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 4 September 1963 through 12 August 1966 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 the applicant served 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.  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.

6.  The evidence of record shows the applicant is credited with 6 months service in Vietnam for purposes of awarding the Overseas Service Bar.  Therefore, he is entitled to correction of his records to show award of 1 Overseas Service Bar.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___MJF__  ___LWR_  __DWS     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.  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 4 September 1963 through
12 August 1966;

	b.  correcting his DD Form 214 to delete the Vietnam Service Medal; and

	c.  correcting his DD Form 214 to add the Army Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 1 Overseas Service Bar.

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.




___  _Michael J. Flynn______
          CHAIRPERSON



INDEX

CASE ID
AR20070001208
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/08/14
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19660812
DISCHARGE AUTHORITY
AR 6356-205, Paragraph 7
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.