IN THE CASE OF:	  

		BOARD DATE:	       30 DECEMBER 2008

		DOCKET NUMBER:  AR20080012868 


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 award of the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

2.  The applicant states that he was awarded the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, but neither is listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 30 July 1970; an undated extract from a local newspaper; a copy of his DA Form 20 (Enlisted Qualification Record), created on 4 August 1967; and a copy of Special Orders Number 222, dated 14 September 1967, issued by Headquarters, U.S. Army Training Center, Fort Campbell, Kentucky awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 records show he enlisted in the Regular Army for a period of 3 years on 31 July 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 36K (Wireman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 30 July 1970.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.

3.  The applicant’s records show he served in Vietnam from 14 December 1967 to 14 December 1968.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 27th Infantry.

4.  Item 24 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "1960-Device," and the Good Conduct Medal.  Item 24 does not show the Combat Infantryman Badge and/or the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Headquarters, U.S. Army Training Center, Fort Campbell, Kentucky, Special Orders Number 222, dated 14 December 1967, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 1 September 1967.

6.  There are no orders in the applicant’s personnel records to show that he was awarded the Combat Infantryman Badge.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Combat Infantryman Badge.  

8.  During the processing of this case, a member for the Board’s staff reviewed 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.  This review failed to reveal any orders of the Combat Infantryman Badge for the applicant.


9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge.  This regulation 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.  Commanders were not allowed to make any exceptions to this policy.  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.  

10.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 27th Infantry was awarded the Valorous Unit Award, 15 June 1968 to 16 June 1968, based on the Department of the Army General Orders Number 36, dated 1970; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, 1 January 1966 to 31 August 1968, based on Department of the Army General Orders Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 1 January 1966 to 21 January 1970, based on Department of the Army General Orders Number 51, dated 1971.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET 69 Counteroffensive and the Vietnam Counteroffensive, Phases III, IV, V, and VI, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is worn in lieu of five bronze service stars.








DISCUSSION AND CONCLUSIONS:

1.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General Orders awarded the applicant’s unit the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  With respect to award of the Combat Infantryman Badge, the evidence of record shows the applicant was trained in and held a communications MOS (36K).  There is no evidence that he ever held or served in an infantry MOS.  A typical Table of Organization and Equipment (TO&E) for an infantry company contains many non-infantry MOSs, including clerks, cooks, mechanics, and communicators.  These support personnel may perform infantry duties at various time, all Soldiers are trained in basic infantry skills, but they are not infantrymen and are not authorized the Combat Infantryman Badge.  In the absence of evidence that the applicant held an infantry MOS and actively participated in combat while assigned infantry duties while a member of his infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

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 Sharpshooter Marksmanship Qualification Badge with Rifle Bar       (M-14), the Valorous Unit Award, the Republic of 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 award of the Combat Infantryman Badge.  




      _______ _ 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)                                         AR20080012868



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ABCMR Record of Proceedings (cont)                                         AR20080012868



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