IN THE CASE OF:	

		BOARD DATE:	 28 October 2008 

		DOCKET NUMBER:  AR20080012459 


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 Marksmanship Qualification Badge for qualifying with a .45 caliber pistol, and any other awards to which he may be entitled.

2.  The applicant states he simply wants his record to read correctly.

3.  The applicant provides, in support of his application, a copy of his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 7 February 1967 and a compact disc (CD) 
on which a CBS television program "Christmas in Vietnam" was recorded in December 1965.

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 3 March 1961 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty (MOS) 152.10 (Field Artillery Operator/Intelligence Specialist).

3.  On 29 September 1961, the applicant reenlisted for a period of 6 years.

4.  On 7 October 1965, the applicant was assigned to Battery A, 2nd Battalion, 33rd Artillery in the Republic of Vietnam in the MOS 13E (Field Artillery Operator/Intelligence Specialist).

5.  On 16 December 1965, the applicant was wounded after having tripped an enemy mine.  He departed the Republic of Vietnam on 23 December 1965.

6.  On 7 February 1967, the applicant was released from active duty and placed on the Temporary Disability Retired List (TDRL) with a disability rating of 
80 percent.  

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded or authorized the Expert Marksmanship Badge with Rifle Bar (shown as Expert Badge [Rifle M-14]), the Purple Heart, the Army Good Conduct Medal, and the Vietnam Service Medal.

8.  There are no orders in the applicant's military personnel records awarding him any marksmanship badges for the .45 caliber pistol.

9.  On 30 June 1970, the applicant was removed from the TDRL and placed on the Retired List with an 80 percent disability rating.

10.  The applicant submitted a CD with a CBS television news broadcast entitled "Christmas in Vietnam."  The CD presents a history of an infantry platoon in the Republic of Vietnam and the applicant’s inter-action with them in attempting to locate a sniper.  The CD also chronicles the incident in which the applicant was wounded.  

11.  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 Defense Campaign (8 March 1965 - 24 December 1965).


12.  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 2nd Battalion, 33rd Artillery the unit received the following unit awards:

	a.  the Meritorious Unit Commendation (Army) for the period from November 1965 to November 1966, based on Department of the Army General Order Number 17, dated 1968;

	b.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 12 July 1965 to 16 October 1968, based on Department of the Army General Order Number 21, dated 1969; and

	c.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from October 1965 to 7 April 1970, based on Department of Army General Order Number 53, dated 1970.

13.  Paragraph 8-6 of Army Regulation 600-8-22 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, 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.

14.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel 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.


15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  This regulation further provides that individuals who served less than 6 months and were wounded by hostile forces are entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

16.  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.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the Combat Infantryman Badge and a Marksmanship Qualification Badge for the .45 caliber pistol.

2.  The applicant was assigned to Battery A, 2nd Battalion, 33rd Artillery in the Republic of Vietnam in MOS 13E (a non-infantry MOS).  Therefore, the applicant does not meet the regulatory requirements for award of the Combat Infantryman Badge.

3.  There is no official documentation or other evidence in the applicant's military personnel record that provides any qualifications on the .45 caliber pistol.  Therefore, there is insufficient evidence to award a marksmanship badge for the .45 caliber pistol.

4.  The applicant's military personnel record shows he participated in one campaign during his service in Vietnam.  Therefore, he is entitled to one bronze service star to be worn on his Vietnam Service Medal.  

5.  Based on the applicant's service with the 2nd Battalion, 33rd Artillery he is entitled to the Meritorious Unit Commendation (Army), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.


6.  The applicant served less than 6 months in the Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  However, he was wounded by hostile forces.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

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 amending Item 26 of the applicant's DD Form 214 with an effective date of 
7 February 1967 to include the Meritorious Unit Commendation (Army), one bronze service star to be worn on his already awarded 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 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 Marksmanships Qualification 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)                                         AR20080012459



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012459



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1