IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080001548 


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 records as follows:

	a.  award of the Combat Infantryman Badge; 

	b.  correction of his DD Form 214 (Report of Separation from Active Duty), to show award of the Army Commendation Medal;

	c.  correction of his DD Form 214 to show membership in the 7th Squadron, 17th Cavalry; and

	d.  correction of his DA Form 20 (Enlisted Qualification Record) to show he performed duties of door gunner during his service in Vietnam. 

2.  The applicant states that he is entitled to award of the Combat Infantryman Badge and that his records, in effect, contain administrative errors. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Certificate and citation, dated 8 July 1969, showing award of the Army Commendation Medal.

	b.  Certificate of Affiliation with the 7th Squadron, 17th Air Cavalry Regiment.

	c.  DD Form 214, dated 24 November 1975.

	d.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 24 November 1969.

	e.  DA Form 20, dated 15 June 1972 (Reviewed).

	f.  DA Form 2-1 (Personnel Qualification Record), dated 26 November 1974 (Prepared).

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 records show that he enlisted in the Regular Army for a period of 3 years on 3 January 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 45J (Aircraft Armament Repairman).  The highest rank/grade he attained during this period of military service was specialist five (SP5)/E-5 (Temporary).  

3.  The applicant's records further show that he served in the Republic of Vietnam from 14 August 1968 to 9 August 1969.  He was assigned to B Troop, 7th Squadron, 17th Air Cavalry. 

4.  The applicant's records also show that he was honorably discharged on 24 November 1969 for the purpose of immediate reenlistment.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 24 November 1969 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Aircraft Crewman Badge, and two Overseas Service Bars.  Item 24 does not show award of the Combat Infantryman Badge or the Army Commendation Medal.
6.  The applicant's records also show he reenlisted for a period of 6 years on 25 November 1969.  He was honorably discharged in the rank/grade of SP5/E-5 on 24 November 1975.  

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 24 November 1975, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Vietnam Campaign Medal, the Aircraft Crewman Badge, the Army Commendation Medal, the Vietnam Gallantry Cross with Palm Unit Citation, and the Good Conduct Medal.  Item 24 does not show award of the Combat Infantryman Badge.

8.  The applicant's records do not contain orders awarding him an infantry MOS or the Combat Infantryman Badge.

9.  Headquarters, 1st Aviation Brigade, General Orders Number 3217, dated 8 July 1969, shows the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, from August 1968 to August 1969.

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 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.

11.  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 military occupational specialty (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.
12.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the Official Military Personnel File (OMPF) and prescribes instructions for preparing and maintaining for the DA Forms 2-1 (which replaced the DA Form 20) and 2A.  In pertinent part, it states that the DA Forms 2-1 and 2A were the basic record for enlisted personnel and were prepared and maintained for Active Army and U. S. Army Reserve enlisted personnel.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant held MOS 45J, Aircraft Armament Repairman, and performed duties as a repairman or a gunner during his service in the Republic of Vietnam.  There is no evidence that the applicant held an infantry MOS, or that he was assigned or attached to an infantry unit of brigade, regimental or smaller size, or that he served in active ground combat, while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Therefore, there is insufficient evidence to award the applicant the Combat Infantryman Badge in this case.

2.  With respect to award of the Army Commendation Medal, General Orders awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, from August 1968 to August 1969, and this award is shown on his DD Form 214, dated 24 November 1975.  There is no evidence in the available record and the applicant did not provide substantiating evidence that he was awarded a second award of the Army Commendation Medal.  Therefore, there is insufficient evidence to award the applicant the Army Commendation Medal.

3.  With respect to listing the applicant's affiliation with the 7th Squadron, 17th Air Cavalry, on the DD Form 214; Commanders, organizations, and other entities may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to Soldiers certificates of achievement, appreciation, or affiliation, some of local design.  These certificates, 
however, are not annotated on the DD Form 214.  Furthermore, there is no provision in Army Regulation 635-5 (Separation Documents) that allows the listing of such affiliation on the DD Form 214.

4.  With respect to correction of the applicant's DA Form 20, this form was prepared and maintained for Active Army and U. S. Army Reserve enlisted personnel.  As the applicant no longer has a military status, the Board will not direct that any changes be made to his DA Form 20.  If he should again enlist in the Army, he should take his supporting evidence to his personnel office so the appropriate information can be transferred to his newly-created Enlisted Record Brief (ERB).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.


								XXX
      _______________________
      	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)                                         AR20080001548



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ABCMR Record of Proceedings (cont)                                         AR20080001548



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