RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20070018818 


	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 all medals to which he is entitled, including the Combat Infantryman Badge and the Army Good Conduct Medal.

2.  The applicant states, in effect, all of his medals are not entered on his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 25 September 1969.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

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 personnel record shows he enlisted in the Regular Army on 26 September 1966 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 95B (military policeman).

3.  The applicant was assigned to the following units in the Republic of Vietnam:

	a.  the 716th Military Police (MP) Battalion during the period from 28 February 1967 to 18 April 1967;

	b.  the 560th MP Company during the period from 19 April 1967 to 
11 December 1967; and

	c.  the 9th MP Company during the period from 12 December 1967 to 
22 February 1968.

4.  United States Army Training Center Infantry, Fort Lewis, Washington Special Orders Number 155, dated 21 November 1966, awarded the applicant the Marksman Marksmanship Badge with Rifle Bar.

5.  Troop Command, United States Army Garrison, Fort Huachuca, Arizona Special Orders Number 69, dated June 1969, awarded the applicant the Sharpshooter Marksmanship Badge with Pistol Bar.

6.  On 25 September 1969, the applicant was released from active duty due to the expiration of his term of service.  He had completed 3 years of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show the award of the Combat Infantryman Badge or the Army Good Conduct Medal.  However, Item 24 does show he was authorized the Vietnam Service Medal.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  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: 

	a.  the 716th MP Battalion, the unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 17 April 1965 to 
18 April 1968, based on Department of the Army General Order Number 31, dated 1969;

	b.  the 560th MP Company, the unit received the Meritorious Unit Commendation (Army) for the period 1 January to 31 December 1967, based on Department of the Army General Order Number 54, dated 1968; and

	c.  the 9th MP Company, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968, based on Department of the Army General Order Number 31, dated 1969.



9.  Paragraph 8-6 of Army Regulation 600-8-22 (Military Awards) 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.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

10.  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.

11.  Army Regulation 600-8-22 states, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their 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 Army 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 active enlisted Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

12.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 shows he served in the Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967); the Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968); and the Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968).

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.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  


DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was assigned in Vietnam in MOS 95B.
Therefore, the applicant did not meet the regulatory requirements for award of the Combat Infantryman Badge.

2.  The applicant is entitled to the first award of the Army Good Conduct Medal based on completion of 3 years of qualifying service from 26 September 1966 to 25 September 1969.  

3.  Orders in the applicant's military personnel records show he was awarded the Marksman Marksmanship Badge with Rifle Bar and the Sharpshooter Marksmanship Badge with Pistol Bar.

4.  Based on the units to which the applicant was assigned and the dates he was assigned thereto he is authorized the Meritorious Unit Commendation (Army), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JLP  __  __TSK__  __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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's DD Form 214 to show he was awarded the Army Good Conduct Medal for the period of service from 26 September 1966 to 
25 September 1969, the Sharpshooter Marksmanship Badge with Pistol Bar, and the Marksman Marksmanship Badge with Rifle Bar.  Additionally, amend the applicant's DD Form 214 to show he is authorized the Meritorious Unit Commendation (Army), three bronze service stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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.  




      ___        TSK                ___
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018818



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