RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070006930 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Dean Camarella

Member

Ms. Qawiy A. Sabree

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 correction of his records to show award of the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, the Silver Star, the "Combat Action Ribbon," and the Combat Infantryman Badge.  He further requests a copy of the staff and fellow Soldiers names who served with him in Headquarters and Headquarters Company, 1st Battalion, 10th Infantry, Fifth U.S. Army in Vietnam.

2.  The applicant states, in effect, that he did not receive any of the above listed awards upon returning from Vietnam.  This was unfair and he feels prejudiced towards him after returning from putting his life on the line for his country.  He further states that his unit was in a hostile combat zone and that his unit was attacked by enemy mortar rounds many times.  

3.  The applicant provides no additional documentation in support of this case.

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 requested correction of his records to show award of the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, and the Silver Star.  There are no orders or other evidence authorizing award of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, and the Silver Star under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence of the procedures for applying for the decoration under section 1130 and, as a result, it will not be discussed further in this record of Proceedings.


3.  The applicant was inducted on 19 July 1967 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 36C (Lineman).

4.  The applicant arrived in Vietnam and was assigned to A Company, 459th Signal Battalion on or about 9 January 1968, where he performed duties as a lineman.  

5.  The applicant departed Vietnam on or about 5 January 1969 after being credited with participating in five campaigns.  On 18 July 1969, the applicant was honorably released from active duty in the rank of Specialist Four/E-4 after completing 2 years of creditable active service with no time lost.  

6.  The applicant's DD Form 214 with the ending period of 28 July 1969 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, and the Vietnam Campaign Medal.

7.  There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge or the "Combat Action Ribbon" (Combat Action Badge).

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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 U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to 

all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.

11.  Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.   Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 
18 September 2001.  

12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

13.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to A Company, 459th Signal Battalion, it was cited for award of the Meritorious Unit Commendation for the period 15 October 
1966 through 30 April 1968 based on Headquarters, Department of the Army General Orders Number 48, dated 1969.

14.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

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 service medal (a silver star is worn instead of five bronze stars).



DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was assigned to a Signal Battalion and his principal duty while in Vietnam was lineman.  The applicant contends that because he was placed in combat situations he should receive the Combat Infantryman Badge.  Military history contains many examples of non-infantry Soldiers temporarily performing basic infantry duties that all Soldiers are taught as part of their basic combat training.  

2.  However, the three criteria for award of the Combat Infantryman Badge is to be assigned to an infantry unit, perform infantry duties, and hold an infantry specialty.  It is acknowledged that the applicant may have participated in enemy attacks; however, the evidence of record shows that while serving in Vietnam his primary specialty was 36C Lineman and he was assigned to a signal company which makes him ineligible for award of the Combat Infantryman Badge.  The performance of infantry tasks is not solely the basis for the award of the Combat Infantryman Badge.

3.  Army Regulation 600-8-22 specifically states that Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  Unfortunately, the applicant did not have a military status after 18 July 1969, which makes him ineligible for award of the Combat Action Badge.

4.  The applicant requests a copy of the staff and fellow Soldiers names who served with him in Headquarters and Headquarters Company, 1st Battalion, 10th Infantry, Fifth U.S. Army in Vietnam.  However, the ABCMR is not the proponent for the information he requested.  

5.  The applicant was separated in the rank of Specialist Four with two years of creditable active service with no time lost.  There is no evidence of any adverse information in his records or that his commander disqualified him for award of the Army Good Conduct Medal.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal for the period 19 July 
1967 through 18 July 1969 based on completion of a period of qualifying service.

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add this award.

7.  The applicant was assigned to a unit during a period of time this unit was awarded the Meritorious Unit Commendation.  His participation in five campaigns entitles him to a silver service star to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JCR       __DC   __  __QAS__  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:

	a.  by awarding him the Army Good Conduct Medal 1st Award for the period 19 July 1967 through 18 July 1969; and

	b.  by amending his DD Form 214 in item 13 to add the Army Good Conduct Medal 1st Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation and a silver service star to be worn on his already awarded Vietnam Service Medal.

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 adding award of the Combat Infantryman Badge and the "Combat Action Ribbon."



__Jeffrey C. Redmann_____
          CHAIRPERSON




INDEX

CASE ID
AR20070006930
SUFFIX

RECON

DATE BOARDED
20 SEPTEMBER 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT  
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0014.0000
2.
107.0020.0000
3.
107.0007.0000
4.
107.0030.0000
5.
107.0111.0000
6.