IN THE CASE OF:	

		BOARD DATE:	  21 October 2008

		DOCKET NUMBER:  AR20080007774 


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, a silver service star for his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states that on 9 November 1968 he was awarded the Combat Infantryman Badge while a member of Company B, 3rd Battalion, 12th Infantry, 4th Infantry Division.  He further states he reenlisted on 28 September 1968 and was transferred to another unit.  He states his orders for the Combat Infantryman Badge were issued after he transferred from his unit and apparently never caught up to his records.  

3.  The applicant provides, in support of his application, copies of his 
DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) with effective dates of 28 September 1968 and 20 October 1971, two pages from his DA Form 20 (Enlisted Qualification Record), a newspaper article, and an excerpt from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).  

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 personnel record shows he enlisted in the Regular Army on 19 January 1968 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 17 April 1968, the applicant was awarded the Marksman Marksmanship Qualification Badge for the M-16 rifle.

4.  On 28 September 1968, he applicant was discharged for immediate reenlistment.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he is authorized the National Defense Service Medal and the Vietnam Service Medal.  Item 24 also shows he was awarded the Marksman Marksmanship Badge with Rifle Bar (shown as Marksman Rifle M-14).

5.  On 29 September 1968, the applicant reenlisted for 3 years in the Regular Army.

6.  Item 31 (Foreign Service) of the applicant's DA Form 20 indicates he served in the Republic of Vietnam from 23 June 1968 to 26 June 1969.  Item 38 (Record of Assignments) of his DA Form 20 indicates he was assigned to Company B, 3rd Battalion, 12th Infantry, 4th Infantry Division from 5 July to 4 October 1968.  He was then assigned to the 5th Light Equipment Maintenance Company from 
7 October 1968 to 20 June 1969.

7.  On 6 May 1969, the applicant was awarded the MOS 44B (Metal Body Repairman) effective 17 December 1968.

8.  On 20 October 1971, the applicant was released from active duty by reason of the expiration of his term of service.  Item 24 of his DD Form 214 with an effective date of 20 October 1971 shows he is authorized four bronze service stars on his Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

9.  There are no orders in the applicant's military personnel record awarding him the Combat Infantryman Badge.  Item 41 (Awards and Decorations) of his 
DA Form 20 does not show the award of the Combat Infantryman Badge.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, during the time of the applicant’s assignment to the Company B, 3rd Battalion, 12th Infantry, 4th Infantry Division the unit received the following awards:

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from October 1966 to 28 July 1969, based on Department of the Army General Order Number 3, dated 1970; and 

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 1 October 1966 to 31 October 1969, based on Department of Army General Order Number 53, dated 1970.
 
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 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.  Paragraph 8-6 of Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge.  This paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, and satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  A silver service star is worn instead of five bronze service stars.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

14.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968); the Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968); 
the Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 - 
22 February 1969); the Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969); and the Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969).

15.  Army Regulation 635-5 (Separation Documents), then in effect, provides that all decorations, service medals, campaign credits, and badges awarded or authorized are to be entered in Item 24 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Combat Infantryman Badge, a silver service star for his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant was assigned MOS 11B and he was assigned to an infantry company while in the Republic of Vietnam.  However, there is no evidence that he served in active ground combat while assigned to that unit.  The regulation specifies a recipient of the Combat Infantryman Badge must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

3.  There is no evidence of record and the applicant has not submitted any evidence that shows he was present and under hostile fire while he was assigned to Company B, 3rd Battalion, 12th Infantry.  Therefore, there is insufficient evidence to award the Combat Infantryman Badge.

4.  The applicant's military personnel records show he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star to be worn on his Vietnam Service Medal.

5.  Based on the applicant's service with Company B, 3rd Battalion, 
12th Infantry, 4th Infantry Division he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  As provided for in Army Regulation 635-5, all awards and badges are to be listed in Item 24 of a Soldier's DD Form 214.  Therefore, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960-), and the Marksman Marksmanship Qualification Badge with Rifle Bar should be included in Item 24 of the applicant's DD Form 214 with an effective date of 
20 October 1971.

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:

     a.  showing in Item 24 of the individual's DD Form 214 with an effective date of 20 October 1971 that he is authorized award of the National Defense Service Medal, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with Device (1960-), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar; and

     b.  deleting the Vietnam Service Medal with four bronze service stars.

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.  




      _______ _ 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)                                         AR20080007774



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ABCMR Record of Proceedings (cont)                                         AR20080007774



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