IN THE CASE OF:	  

		BOARD DATE:	       16 October 2008

		DOCKET NUMBER:  AR20080007618 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB), the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnamese Presidential Unit Citation.

2.  The applicant states he served in Vietnam in the jungle from approximately November 1967 through January 1968 and he was involved in the Tet Offensive. He states he needs to show the Department of Veterans Affairs (DVA) that he is a combat veteran, thus the CIB is the most important of the awards requested.

3.  The applicant provides no additional evidence with his request.

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 served in the Army of the United States from 16 May 1967 through 15 May 1969.  He was trained in military occupational specialty (MOS) 11B (Light Weapons Infantryman) and sent to Vietnam.

3.  The applicant arrived in Vietnam on/about 23 October 1967 and was initially assigned to the US Army, Vietnam (USARV) Transient Detachment pending further assignment.  On/about 1 November 1967, he was assigned to Company C, 3rd Battalion, 60th Infantry, 9th Infantry Division as a rifleman.

4.  Special Orders Number 16, Headquarters, 9th Infantry Division, Vietnam, dated 16 January 1968, show that, on 1 January 1968, the applicant's infantry MOS was withdrawn and he was awarded MOS 03B (Performing Arts Specialist). He reported to the 9th Administration Company on/about 15 January 1968 for duty with Special Services.

5.  On 26 July 1968, the applicant was transferred from the 9th Infantry Division Special Services to Headquarters and Headquarters Company (HHC), 214th Combat Aviation Battalion.

6.  On/about 18 October 1968, the applicant was relieved from assignment with HHC, 214th Combat Aviation Battalion and assigned to the USARV Returnee Detachment for reassignment to Fort Bragg, NC.  He departed Vietnam on/about 22 October 1968. 

7.  The applicant was honorably released from active duty at Fort Bragg on 15 May 1969.  His DD Form 214 shows he was awarded the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.

8.  The applicant's records contain no orders awarding him the CIB.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any CIB orders on file for the applicant.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel 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 Total Army Personnel 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.  Specific requirements state, in effect, that an Army enlisted Soldier must be have an infantry or special forces specialty and satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

10.  Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the units to which the applicant was assigned were cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order Number 31, dated 1969.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969.  There is no citation for award of the Vietnamese Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Combat Infantryman Badge (CIB), the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnamese Presidential Unit Citation be added to his DD Form 214.

2.  The applicant held an infantry MOS in an infantry company for the months of November and December 1967.  During that time, his unit apparently did not publish orders awarding him the CIB; his records contain no CIB orders and, likewise, an ADCARS search failed to disclose CIB orders for the applicant.  In the absence of orders, and without proof that he actually participated in active ground combat, his entitlement to the CIB cannot be established.

3.  The 3rd Battalion, 60th Infantry was awarded the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the applicant's tenure with the unit.  These awards should be added to his DD Form 214.

4.  DA PAM 672-3 does not show the Vietnamese Presidential Unit Citation as an authorized unit award for any of the units in which the applicant served during his service in Vietnam.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  __X_____  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 Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 the Combat Infantryman Badge and the Vietnamese Presidential Unit Citation.


															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)                                         AR20080007618



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ABCMR Record of Proceedings (cont)                                         AR20080007618



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