IN THE CASE OF:	  

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080010395 


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 under the special provisions for Soldiers who served as advisors in Vietnam.

2.  The applicant states, in effect, that he served as an advisor to provincial reconnaissance units, regional/popular forces, and other para-military infantry type police units on U.S. Military Assistance Command, Vietnam (MACV) Advisory Teams 96 and 56 in Vietnam during the period September 1970 to August 1971.  He contends that he served in most every district, village, and hamlet in the IV Corps area as the village/hamlet radio system advisor as part of the MACV/CORDS (Civilian Operations Rural Development Support) Central Intelligence Agency Phoenix program and that he was under fire while with these units in his duties as an advisor.

3.  The applicant provides a letter referencing his assignment; a DD Form 214 (Report of Separation from Active Duty) for the period ending 2 August 1974; a DD Form 215 (Correction to DD Form 214), dated 19 September 2007; an award certificate for the Bronze Star Medal; and a photograph. 

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 enlisted on 22 August 1962 and remained on active duty through continuous reenlistments.  Item 31 (Foreign Service) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in Vietnam from 13 January 1966 through 21 June 1967 and from 20 September 1970 through 26 July 1971.  Item 38 (Record of Assignments) on his DA Form 20 shows that his principal duty was Personnel Management Advisor in Vietnam during the period 26 September 1970 through 9 September 1971.  On 2 August 1974, the applicant was honorably discharged.   

3.  The applicant’s DD Form 214 for the period ending 2 August 1974 does not show the Combat Infantryman Badge as an authorized award.  

4.  There are no orders for the Combat Infantryman Badge in the applicant’s service personnel records.

5.  The applicant’s citation for award of the Bronze Star Medal states, in pertinent part, that “during the period September 1970 to August 1971 while serving as a member of the Regional Telecommunications Office of the Public Safety Division, Civilian Operations Rural Development Support, Delta Regional Assistance Command, United States Military Assistance Command, Vietnam.  In this capacity [the applicant’s rank and name] was directed to establish radio communications between the Region Public Safety Headquarters and the sixteen Province Office (sic).  Within a two months period, he single-handedly located and installed PRC 74 radios in every province and a KWM-2 at Region Headquarters, which allowed the Public Safety division to more effectively control its advisory effort.  Also, as a result of the sudden departure of the Village-Hamlet Radio System Coordinator in Phong Dinh Province, he was directed to replace the coordinator.  Within three months, he had corrected the majority of errors in the VHRS records, which were injected by a defective computer program, and successfully taught the program to his counterpart.”


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.  U.S. Military Assistance Command, Vietnam, (MACV) Directive 672-1 (Awards and Decorations) provided, in pertinent part, for award of the Combat Infantryman Badge.  Appendix 3 to Annex A of this regulation listed advisor positions in MACV, which were considered infantry positions and for which award of the Combat Infantryman Badge was authorized.  The primary duty, Personnel Management Advisor, is not listed as one of the duties eligible for award of the Combat Infantryman Badge.  The primary duties of Revolutionary Development Advisor, Police Advisor, Logistics Advisor, and Security Advisor are specifically listed as not being eligible for award of the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

Evidence of record shows the applicant served as a Personnel Management Advisor during his assignment in Vietnam during the period September 1970 to September 1971.  The governing regulation in effect at the time does not list Personnel Management Advisor as one of the duties eligible for award of the Combat Infantryman Badge.  In addition, primary duties of Revolutionary Development Advisor, Police Advisor, Logistics Advisor, and Security Advisor (duties in which the applicant’s Bronze Star Medal citation appear to indicate he performed) were also specifically listed as not being eligible for award of the Combat Infantryman Badge.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx___  ___xx___  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.



      _______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)                                         AR20080010395



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ABCMR Record of Proceedings (cont)                                         AR20080010395



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