IN THE CASE OF:	   

		BOARD DATE:	        28 August 2008

		DOCKET NUMBER:  AR20080010791 


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 (Report of Transfer or Discharge) to show combat awards (in effect, e.g., the Combat Infantryman Badge) for his service in Vietnam.

2.  The applicant states that he believes his DD Form 214 should reflect combat awards for his service in Vietnam.

3.  The applicant provides no additional 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 was inducted on 29 April 1968.  He was awarded military occupational specialty (MOS) 64A (light vehicle driver).  He arrived in Vietnam on 18 September 1968.  He served in MOS 64A assigned to Headquarters and Headquarters Company, I Field Force Vietnam in Vietnam from 24 September 1968 through 20 May 1969.  He served in MOS 64A assigned to the 297th Transportation Company in Vietnam from 21 May 1969 through 5 December 1969.  On 8 December 1969, the applicant was released from active duty in the rank of private first class after completing 1 year, 7 months, and 10 days of creditable active service.  

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), two awards of the Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.   

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

5.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

6.  Records show the applicant served in five campaigns during his assignment in Vietnam.

7.  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 the applicant's unit (Headquarters and Headquarters Company, I Field Force Vietnam) is eligible for award of the Meritorious Unit Commendation for actions during the period 1 August 1968 to 
30 April 1971 based on Department of the Army General Orders Number 
16, dated 1972.  His unit (297th Transportation Company) is also eligible for award of the Meritorious Unit Commendation for actions during the period 
1 August 1968 to 30 April 1971 based on Department of the Army General Orders Number 16, dated 1972.  

8.  Department of the Army Pamphlet 672-3 shows the applicant's unit (Headquarters and Headquarters Company, I Field Force Vietnam) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 
(1 August 1965 to 16 April 1971) based on Department of the Army General 

Orders Number 54, dated 1974.  His unit (297th Transportation Company) is also eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (1 August 1965 to 16 April 1971) based on Department of the Army General Orders Number 54, dated 1974.      

9.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. 

10.  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 during the Vietnam era that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

12.  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.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served as a light vehicle driver assigned to a Headquarters and Headquarters Company and a transportation company during his assignment in Vietnam.  There are no orders for the Combat Infantryman Badge and there is no evidence of record which shows the applicant served in active ground combat while an assigned member of an infantry unit of brigade or smaller size in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

2.  The applicant was separated in the rank of private first class with 
19 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 29 April 1968 through 8 December 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

3.  The applicant participated in five campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with one silver service star.

4.  The applicant’s units were each awarded one award of the Meritorious Unit Commendation while he was assigned to them.  Therefore, his DD Form 214 should be corrected to show two awards of the Meritorious Unit Commendation.

5.  The applicant's units were awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is authorized to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
 
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:

	a.  awarding him the first award of the Good Conduct Medal for the period 
29 April 1968 through 8 December 1969; and 
	b.  adding the Good Conduct Medal, two awards of the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal on 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 Combat Infantryman Badge.  
  



      _______ 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)                                         AR20080010791





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ABCMR Record of Proceedings (cont)                                         AR20080010791



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