IN THE CASE OF:	  

	BOARD DATE:	  15 May 2008

	DOCKET NUMBER:  AR20080003490 


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 award of the Combat Infantryman Badge.

2.  The applicant states that he was fired upon and returned fire on numerous occasions, while serving with the 820th Ordinance Company in the Republic of Vietnam.  He further adds that he had an infantry military occupational specialty (MOS); however, because he was in an ordinance unit, his commander did not recommend him for award of the Combat Infantryman Badge.

3.  The applicant did not provide any additional documentary evidence 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 records show that he was inducted into the Army of the United states on 20 January 1964.  He completed basic combat and advanced individual training and was awarded MOS 55A (Ammunition Helper).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 15 January 1966.  The highest rank/grade he attained during his military service was private first class (PFC)/E-3. 

3.  The applicant’s records further show that he served in the Republic of Vietnam from 17 August 1965 to 14 January 1966.  He was assigned to the 820th Ordinance Company.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows he was awarded the Good Conduct Medal, the Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  Item 24 does not list award of the Combat Infantryman Badge. 

5.  There are no General Orders in the applicant's records that show he was awarded the Combat Infantryman Badge.

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

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974, dates inclusive.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  Department of the Army Pamphlet 672-3 further shows the 820th Ordinance Company was awarded the Meritorious Unit Commendation from September 1965 to March 1966, based on Department of the Army General Orders Number 20, dated 1967.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defense and the Vietnam Counteroffensive campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded an ammunition helper MOS following completion of training.  There is no evidence he was ever awarded an infantry MOS and assigned to an infantry unit in the Republic of Vietnam, where he was engaged in active ground combat.  As a result, the applicant does not meet the criteria for award of the Combat Infantryman Badge. 

2.  The applicant completed a period of honorable active service for the National Defense Service Medal.  Therefore, he is entitled to have his records corrected to show this award.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation, which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

4.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

5.  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

__xxx___  __xxx___  __xxx___  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 to award the Combat Infantryman Badge.

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 award of the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



								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)                                         AR20080003490



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ABCMR Record of Proceedings (cont)                                         AR20080003490



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