IN THE CASE OF:	  

		BOARD DATE:	        04 DECEMBER 2008

		DOCKET NUMBER:  AR20080013621 


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 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that he held an infantry military occupational specialty (MOS) and served with the 716th Military Police Battalion in Saigon and the 720th Military Police Battalion in Long Binh, Republic of Vietnam, from 1967 to 1968.  He adds that he also performed patrols with the infantry in and around Bien Hoa and that his unit made contact with the enemy a few times and that his unit was also awarded Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 7 August 1968; and an internet printout pertaining to the history of the 716th and the 720th Military Police Battalions in support of his request. 

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 that he was inducted into the Army of the United States on 23 August 1966.  He completed basic combat and advanced individual training and was awarded MOS 11B (Light Weapons Infantryman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 7 August 1968.  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.

3.  The applicant’s records also show he served in the Republic of Vietnam from 14 January 1967 to 27 January 1968.  He was initially assigned to the 18th Military Police Brigade and was reassigned to the 716th Military Police Battalion on 13 February 1967.  He was further reassigned to Company D, 52nd Infantry on 27 April 1967. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations 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 Device (1960), one Overseas Service Bar, the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 of the DD Form 214 does not show award of the Combat Infantryman Badge or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  There are no orders in the applicant's records that show he was awarded the Combat Infantryman Badge.

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

7.  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.  

8.  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 716th Military Police Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974. 

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

10.  Department of the Army Pamphlet 672-3 shows the 716th Military Police Battalion was cited for award of the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders 6, dated 1973.  This document also shows that Company D, 52nd Infantry was cited for award of the Meritorious Unit Commendation based on Department of the Army General Orders 39, dated 1970.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase II (1 July 1966 to 31 March 1967) and the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968) 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.

12.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Additionally, Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Personnel Qualification Record) shows he received excellent conduct and efficiency ratings throughout his military service.



13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in 
those cases when the period for the first award ends with the termination of a 
period of Federal military service.  The enlisted person must have had all 
“excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Combat Infantryman Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

2.  The evidence of record shows that the applicant served with the 716th Military Police Battalion from 13 February 1967 to 27 April 1967 and that his unit was awarded 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 unit awards.

3.  The evidence of record also shows that the applicant served with Company D, 52nd Infantry from 27 April 1967 to 27 January 1968 and that this unit was awarded the Meritorious Unit Commendation which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his Vietnam Service Medal.

5.  The evidence of record confirms that the applicant served honorably during the period 23 August 1966 to 7 August 1968.  He attained the rank of sergeant, completed a tour in the Republic of Vietnam, and received excellent conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

6.  With respect to award of the Combat Infantryman Badge, the applicant's infantry MOS and/or his service in the Republic of Vietnam are not in question.  
However, there is no evidence in the available records and the applicant did not submit substantiating evidence that shows he was personally present and under hostile fire while serving in his assigned infantry duty, in an infantry unit that was actively engaged in ground combat with the enemy.  In the absence of evidence that the applicant actively participated in combat while assigned to an 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:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 August 1966 through 7 August 1968;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

   c.  adding to the list of awards and decorations on the applicant's DD Form 214 the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Meritorious Unit Commendation, and the Vietnam Service Medal with two bronze service stars.






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)                                         AR20080013621



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ABCMR Record of Proceedings (cont)                                         AR20080013621



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