IN THE CASE OF:	  

	BOARD DATE:	  5 June 2008

	DOCKET NUMBER:  AR20080000913 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (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 was an infantryman and served in combat in the Republic of Vietnam.

3.  The applicant provides a copy of his DD form 214.

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 records are not available for review.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

3.  The applicant’s DD Form 214 shows that he was inducted into the Army of the United States on 23 March 1966 and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  It also shows that he served in the Republic of Vietnam for 1 year.  

4.  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, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Combat Infantryman Badge. 

5.  On 22 March 1968, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4 and had completed 2 years of creditable active duty.

6.  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.

7.  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.

8.  Appendix B of Army Regulation 600-8-22 lists the following campaign periods in the Republic of Vietnam: the Vietnam Advisory; the Vietnam Defense; the Vietnam Counteroffensive; the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive,  Phase VI; the Tet 69 Counteroffensive, 1969; the Vietnam Summer-Fall 1969; the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; the Vietnam Counteroffensive, Phase VII; the Consolidation I; the Consolidation II; and the Vietnam Cease-Fire.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign

9.  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 available evidence clearly shows that the applicant was awarded an infantryman MOS and served a year in the Republic of Vietnam.  However, there is no available evidence showing that he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam, or that he ever engaged in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should be denied. 

2.  Even though the exact dates of the applicant's service in the Republic of Vietnam are not available, it is clear that he had participated in at least one campaign period in the Republic of Vietnam.  Therefore, he is eligible for award of a bronze service star to be affixed to his already-awarded Vietnam Service Medal.

3.  Headquarters, United States Army Vietnam and all of its subordinate units were cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This effectively included every military unit in the Republic of Vietnam during the conflict.  Therefore, by virtue of the applicant’s year of service in the theater, his records should be corrected to show this foreign unit award.   
4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ____X __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show showing that, in addition to the awards shown on his DD Form 214, his authorized awards include a bronze service star for wear on his already-awarded Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



	_________X______________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080000913



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