RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20070018101 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was assigned to the 3rd Battalion, 
39th Infantry of the 9th Infantry Division in Vietnam.  He also contends that his whole unit was awarded the Combat Infantryman Badge for an incident that occurred 2 March 1967 in Vietnam.

3.  The applicant provides a letter of assignment sent to his parents on 14 June 1967; newspaper articles; and a Daily Staff Journal for the 3rd Battalion, 
39th Infantry in Vietnam on 2 March 1967. 

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 was inducted on 22 August 1966.  He was awarded military occupational specialty (MOS) 13A (field artillery crewman) and later MOS 17E (field illumination crewman).  He arrived in Vietnam on 25 January 1967.  He served in MOS 13A assigned to Company A, 3rd Battalion, 39th Infantry of the 9th Infantry Division in Vietnam from 25 January 1967 through 13 June 1967.  He served in MOS 17E assigned to Battery H, 29th Artillery in Vietnam from 14 June 1967 through 7 January 1968.  On 7 August 1968, the applicant was released from active duty in the temporary rank of specialist four after completing 1 year, 11 months, and 16 days of creditable active service with no time lost.  

3.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, one award of the Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.   
   
4.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.  

5.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

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

7.  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 the applicant's unit (3rd Battalion, 39th Infantry) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation 
(1 December 1966 to 30 June 1968) based on Department of the Army General Orders Number 31, dated 1969.  His unit (Battery H, 29th Artillery) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (27 March 1967 to 17 May 1968) based on Department of the Army General Orders Number 46, dated 1969. 

8.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit (3rd Battalion, 39th Infantry) was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

9.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. 

10.  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 during the Vietnam era that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  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.  
  
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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

13.  Army Regulation 600-8-22, in pertinent part, authorizes 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.  

DISCUSSION AND CONCLUSIONS:

1.  Although the evidence of record shows the applicant was assigned to the 
39th Infantry of the 9th Infantry Division in Vietnam, evidence of record shows he served as a field artillery crewman during that assignment.  Evidence of record also shows he served as a field illumination crewman assigned to an artillery battery in Vietnam. In addition, there are no orders for the Combat Infantryman Badge and there is no evidence of record which shows the applicant served in an infantry MOS in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  The applicant was released from active duty in the temporary rank of specialist four with almost 2 years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 22 August 1966 through 7 August 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

3.  The applicant participated in two campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with two bronze service stars.

4.  Based on his service in Vietnam, the applicant is eligible for award of the Republic of Vietnam Campaign Medal with Device (1960).

5.  The applicant's units (3rd Battalion, 39th Infantry and Battery H, 29th Artillery) were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is authorized to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant’s unit (3rd Battalion, 39th Infantry) was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x_____  ___x___  __x___  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 him the first award of the Good Conduct Medal for the period 22 August 1966 through 7 August 1967; and

	b.  amending his DD Form 214 to add the Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device (1960), two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear 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 award of the Combat Infantryman Badge.  


      __         x_______
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018101


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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