IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080005742 


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 (CIB) for combat action against the enemy in the Republic of Vietnam during 1968 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM).  He also requests correction of item 12 (Last Duty Assignment and Major Command) on his DD Form 214 to show that he was assigned to Company D, 5th Battalion, 46th Infantry, 198th Infantry Brigade.

2.  The applicant states that he has recently discovered several administrative errors that were done by administrative personnel at Fort Lewis, Washington during the preparation of his DD Form 214.  He states that his unit assignment records will indicate the units he was assigned in Vietnam and that he participated in combat operations extensively.  He also states that the last unit he was assigned to in Vietnam was Company D, 5th Battalion, 46th Infantry, 198th Infantry Brigade.  He served with Company D from July 1968 through September 1968.  He was flown to Fort Lewis, Washington for out-processing and was separated from the Army.  He further states that he was never assigned to Company C.  He was assigned to Company B, 1st Battalion, 52nd Infantry during January 1967 until he was admitted into the hospital at Chu Lai, Vietnam in January 1968.  

3.  The applicant provides a copy of his DD Form 214; his citation and general orders for award of the ARCOM; his promotion orders to specialist four; his DD Form 215 (Correction to DD Form 214); and an internet print-out of the unit history of the 198th Light Infantry Brigade.  
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 into the Army of the United States on 12 October 1966.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  Headquarters, 1st Armored Division, Fort Hood, Texas Special Orders Number 158, dated 6 July 1967, show the applicant was promoted to specialist four on 14 June 1967.  These orders show he was assigned to Company B, 1st Battalion, 52nd Infantry.

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 6 October 1967 with Company B, 1st Battalion, 52nd Infantry, 198th Infantry Brigade as a radio mechanic in MOS 31B (field radio mechanic).  His DA Form 20 shows he was assigned as a Senior Scout Observer in MOS 11B on 20 February 1968.

5.  Headquarters, Americal Division Special Orders Number 54, dated 23 February 1968, show the applicant was reassigned to Company E, 1st Battalion, 52nd Infantry, 198th Light Infantry Brigade with a reporting date of 20 February 1968.

6.  Headquarters, Americal Division Special Orders Number 260, dated 16 September 1968, reassigned the applicant to Fort Lewis, Washington on
7 October 1968 for processing for separation.  These orders show he was assigned to Company E, 1st Battalion, 52nd Infantry.



7.  He departed Vietnam on 27 September 1968 and was credited with participation in the Vietnam Counteroffensive Phase III Campaign, the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Phase IV Campaign, and the Vietnam Counteroffensive Phase V Campaign.  

8.  The applicant's DA Form 20 shows his last duty assignment as Company E, 1st Battalion, 52nd Infantry, 198th Infantry Brigade in item 38 (Record of Assignments).

9.  The applicant was honorably released from active duty on 30 September 1968.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and one Overseas Service Bar as authorized awards.  

10.  Headquarters, Americal Division General Orders Number 8283, dated 1 November 1968, awarded the applicant the ARCOM for meritorious service from July 1968 to October 1968.  These orders show he was assigned to Company D, 5th Battalion, 46th Infantry, 198th Infantry Brigade.

11.  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 the 1st Battalion, 52nd Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 53, dated 1970. 

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the CIB 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 CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

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.



14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version of this regulation, in effect at the time, directed that the last duty assignment and major command or agency having jurisdiction over the losing unit of assignment will be entered in item 12 of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded MOS 11B and performed duties in MOS 11B as a Senior Scout Observer while assigned to an infantry unit in Vietnam.  However, there is insufficient evidence which indicates he served in active ground combat during his assignment in Vietnam.  Therefore, he has not met all of the requirements for award of the CIB.  

2.  General orders show the applicant was awarded the ARCOM subsequent to his separation date of 30 September 1968.  Therefore, it would be appropriate to add the ARCOM to his DD Form 214.  

3.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this foreign unit award should be added to his DD Form 214.

4.  The applicant’s DD Form 214 currently reflects award of the Vietnam Service Medal.  He received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show four bronze service stars for wear on his Vietnam Service Medal.

5.  The applicant’s DA Form 20 shows his last duty assignment as Company E, 1st Battalion, 52nd Infantry, 198th Infantry Brigade.

6.  In the absence of evidence (i.e. Morning Reports) showing the applicant was transferred to the 5th Battalion, 46th Infantry, his DA Form 20 and reassignment orders, dated 16 September 1968, show his last duty assignment as 1st Battalion, 52nd Infantry.  Therefore, his DD Form 214 properly reflects his last duty assignment.  








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xx____  __xx____  ____xx__  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 adding the ARCOM, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.

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 CIB and correction of his last duty assignment and major command in item 12 on his DD Form 214.



      _______xxxx____________
      	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)                                         AR20080005742



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ABCMR Record of Proceedings (cont)                                         AR20080005742



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