IN THE CASE OF:	  

		BOARD DATE:	        06 NOVEMBER 2008

		DOCKET NUMBER:  AR20080013401 


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, in effect, that item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, and any other awards and decorations that he is entitled to but are not listed.

2.  The applicant essentially states that he earned his Combat Infantryman Badge, and that he qualified as an expert with the M-16 rifle and sharpshooter with the M-14 rifle.  He also states, in effect, that he would like to see these accomplishments listed in item 24 of his DD Form 214.

3.  The applicant provides no additional evidence in support of this 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's military records show that he was inducted into the Army of the United States on 3 June 1968.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He departed for the Republic of Vietnam on 25 October 1968, and was assigned to Company B, 2d Battalion, 18th Infantry Regiment, 1st Infantry Division.  He returned to the continental United States on 12 October 1969 and was stationed at Fort Carson, Colorado, until he was honorably released from active duty on 2 June 1970.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal with four bronze service stars [which will be addressed later in these proceedings], and the Republic of Vietnam Campaign Medal with 1960 Device.

3.  The applicant’s DD Form 214 and DA Form 20 (Enlisted Qualification Record) do not show that he was awarded the Combat Infantryman Badge.  There are no orders in his military records which awarded him the Combat Infantryman Badge. His military records do show that he served in various positions in duty MOS 11B while assigned to Company B, 2d Battalion, 18th Infantry Regiment.  However, there is no evidence in the applicant's military records which conclusively shows that his unit in Vietnam engaged in active ground combat while he was assigned to it, or that he was personally present and engaged in such ground combat.  

4.  The applicant requested that his DD Form 214 be corrected to show the award of the Expert Marksmanship Qualification Badge with M-16 Rifle Bar.  However, his military records only contained orders, dated 30 August 1968, which awarded him the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.

5.  The applicant also requested that his DD Form 214 be corrected to show the award of the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.  His military records contained orders, dated 18 February 1970, which awarded him the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.

6.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

7.  The applicant's military records do not show that he was awarded the Air Medal with First Oak Leaf Cluster.  However, a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, produced Headquarters, 1st Infantry Division, General Orders Number 10202, dated 8 September 1969, which awarded the applicant the Air Medal with First Oak Leaf Cluster.  Army Regulation 600-8-22 (Military Awards) provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

8.  The applicant's military records also do not show that he was awarded the Army Commendation Medal.  However, an ADCARS query also produced Headquarters, 1st Infantry Division, General Orders Number 10736, dated 16 September 1969, which awarded the applicant the Army Commendation Medal.

9.  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 that at the time of the applicant’s assignment to 2d Battalion, 18th Infantry Regiment, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

10.  The applicant's DD Form 214 incorrectly shows that he was awarded the Vietnam Campaign Medal with four bronze service stars, when in fact it should show that he was awarded the Vietnam Service Medal with four bronze service stars.  Paragraph 2-13 of Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Counteroffensive Phase V campaign, the Vietnam Counteroffensive Phase VI campaign, the Tet 69 Counteroffensive campaign, and the Vietnam Summer-Fall 1969 campaign.

11.  The applicant's DD Form 214 does not show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  However, he was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar by Headquarters, U.S. Army Training Center (Infantry) and Fort Lewis, Fort Lewis, Washington, Special Orders Number 258, dated 15 September 1968.

12.  Army Regulation 600-8-22 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.  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.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.

13.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 24 of his DD Form 214 should be corrected to show the award of the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, and any other awards and decorations that he is entitled to but are not listed.

2.  Although the applicant possessed and served in an infantry MOS with an infantry unit of brigade, regimental or smaller size during his tour in Vietnam, there is no evidence in his military records, and the applicant failed to provide any evidence which shows that his unit engaged in active ground combat, or that he actively participated in ground combat.  Regrettably, in view of the foregoing, there is no basis for awarding him the Combat Infantryman Badge in this case.

3.  Although the applicant requested that his DD Form 214 be corrected to show the award of the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, orders only awarded him the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.  As a result, there is no basis for correcting his military records to show the award of the Expert Marksmanship Qualification Badge with M-16 Rifle Bar.  However, he is entitled to correction of his military records to show the award of the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.

4.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.

5.  General orders awarded the applicant the Air Medal with First Oak Leaf Cluster and the Army Commendation Medal; oak leaf clusters on the Air Medal were subsequently changed to Arabic numerals.  Therefore, it would be appropriate at this time to correct his military records to show the award of the Air Medal with Numeral 2 and the Army Commendation Medal.

6.  General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 2d Battalion, 18th Infantry Regiment, while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

7.  The applicant participated in four campaigns during his tour in Vietnam, but his DD Form 214 incorrectly shows that he was awarded the Vietnam Campaign Medal with four bronze service stars.  Therefore, he is entitled to correction of his military records by showing the award of the Vietnam Service Medal with four bronze service stars, and removing the entry on his DD Form 214 showing the award of the Vietnam Campaign Medal with four bronze service stars.

8.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, but it is not listed on his DD Form 214. Therefore, he is entitled to correction of his military records to show the award of the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

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 the award of the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with 
M-14 Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar;

	b.  showing the award of the Air Medal with Numeral 2 and the Army Commendation Medal;

	c.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and 

	d.  showing the award of the Vietnam Service Medal with Four Bronze Service Stars, and removing the erroneous entry for the Vietnam Campaign Medal with Four Bronze Service Stars from 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 awarding him the Combat Infantryman Badge or the Expert Marksmanship Qualification Badge with M-16 Rifle Bar. 

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms. 



      _______ _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)                                         AR20080013401



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ABCMR Record of Proceedings (cont)                                         AR20080013401



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