RECORD OF PROCEEDINGS


	IN THE CASE OF:    	  


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070013814 


	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 L. Engle

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Sherri V. Ward

Member

Mr. Jeffrey C. Redmann

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Combat Infantryman Badge

2.  The applicant states that he participated in fifty-five combat search and destroy missions during his year long tour in the Republic of Vietnam.   

3.  The applicant provides a letter of support from a former platoon leader (FPL) of the 3rd Brigade Mini-Cavalry, 101st Airborne Division.  The FPL states that he was assigned as the platoon leader on 21 September 1969 and was subsequently transferred into the Mini-Cavalry unit.  The unit was used as a blocking force when other units in the field came into contact with the enemy, or when pre-positioned sensors were activated in the field.  The unit had two small helicopters armed with mini guns and approximately 30 ground troops.  The FPL further states that he served with the applicant for approximately 30 to 40 days and that the applicant was an excellent Soldier who carried out many missions in combat situations in the field with the Mini-Cavalry unit.  

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.  On 17 February 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B2O (Light Weapons Infantryman).

3.  Special Orders Number 80, United States Army Training Center, Infantry, Fort Benning, Georgia, dated 4 April 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M14].

4.  Special Orders Number 85, United States Army Training Center, Infantry, Fort Benning, Georgia, dated 9 April 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar.

5.  Special Orders Number 132, United States Army School/Training Center, Fort McClellan, Alabama, dated 6 June 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar [M16].

6.  Special Orders Number 136, United States Army School/Training Center, Fort McClellan, Alabama, dated 11 June 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

7.  On 7 August 1969, the applicant was assigned as a scout observer with the 3rd Battalion, 187th Infantry Regiment, 101st Airborne Division, in the Republic of Vietnam.

8.  General Orders Numbers 7550 and 7554, 101st Airborne Division, dated 
3 July 1970, awarded the applicant his second and third Air Medal.  Both awards were for meritorious achievement while participating in aerial flight.

9.  On 12 July 1970, the applicant returned to the United States for assignment to Fort Carson, Colorado.

10.  On 16 February 1971, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  He had attained specialist four, pay grade E-4, and had completed 2 years of creditable active duty service.

11. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal with two bronze service stars, and the Vietnam Campaign Medal with "1960-" Device.  It does not show award of three Air Medals, Combat Infantryman Badge, or any marksmanship qualification badges.

12.  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 military occupational specialty (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 (formerly known as the Total Army Personnel 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.

13.  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 specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "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 and warrant officer persons 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.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  However, the regulation was clear that these guidelines were considered only a departure point.  




16.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

17. Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

18.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

19.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 3rd Brigade, 187th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 48, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

21.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.




DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned as a scout observer with an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  It also shows that he was awarded three Air Medals for meritorious achievement while participating in aerial flight.  Under the provisions of the U. S. Army Vietnam awards regulation, in the absence of a flight assignment such as a door gunner, an infantryman would not have been eligible for these Air Medals unless he was participating in air assault missions.  The letter of support states that he carried out many combat missions in the field with the Mini-Cavalry.  Therefore, his request for award of the Combat Infantryman Badge should be granted. 

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  General Orders show that the applicant was awarded three Air Medals.  Therefore, his records should be corrected to show these awards.

4.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.  

6.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.  Therefore, his records should be corrected to show this award.

7. Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars. Therefore, his records should be corrected to show this award.




BOARD VOTE:

_ MKP___  __SVW__  _JCR __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding him the Combat Infantryman Badge;	

b.  awarding him the Army Good Conduct Medal for the period from 
17 February 1969 to 16 February 1971; and

	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Air Medal (three awards), Army Good Conduct Medal, Combat Infantryman Badge, two additional bronze service stars to be affixed to his already awarded Vietnam Service Medal with two bronze service stars, Expert Marksmanship Qualification Badge with Rifle and grenade Bars, Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.






__ Margaret K. Patterson ___
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.