IN THE CASE OF:	  

		BOARD DATE:	       12 March 2009

		DOCKET NUMBER:  AR20080014329 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards, to include the Bronze Star Medal with "V" Device, Army Commendation Medal, and the Combat Infantryman Badge. 

2.  The applicant states that these awards were accidently omitted from his 
DD Form 214.

3.  The applicant provides in support of his application, copies of certificates and citations for two awards of the Bronze Star Medal and the orders and certificate for award of the Army Commendation Medal.

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.  On 7 March 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).

3.  On 25 March 1969, the applicant departed Fort Stewart, Georgia for assignment in the Republic of Vietnam, arriving on or about 29 April 1969.

4.  On 10 May 1969, the applicant was assigned for duty as a medical specialist with the 3rd Battalion, 47th Infantry Regiment, 9th Infantry Division.

5.  Headquarters, 9th Infantry Division, General Orders Number 6701, dated
13 June 1969, awarded the applicant the Bronze Star Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam.  Neither the orders nor the citation make any mention of a "V" Device for heroism.

6.  On 5 July 1969, the applicant was reassigned as a medical specialist with the 5th Battalion, 60th Infantry Regiment, 9th Infantry Division.

7.  Headquarters, 9th Infantry Division, Special Orders Number 76, dated
21 October 1969, awarded the applicant the Combat Medical Badge.

8.  Headquarters, II Field Force, Vietnam, General Orders Number 174, dated  14 January 1970, awarded the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force during the period from 15 July to 15 December 1969.

9.  On 27 February 1970, the applicant returned to the United States.

10.  On 28 February 1970, the applicant was released from active duty.  He had attained the rank of specialist five (SP5)/pay grade E-5 and had completed
1 year, 11 months, and 24 days of creditable active duty.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Bronze Star Medal with "V" Device, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with Device (1960)] and the [Republic of] Vietnam Gallantry Cross with Palm [Unit Citation] .  It does not show award of the Army Commendation Medal or the Combat Infantryman Badge.



12.  Headquarters, II Field Force, Vietnam, General Orders Number 1534, dated 11 April 1970, awarded the applicant a second Bronze Star Medal, designated by an oak leaf cluster, for meritorious service in connection with military operations against a hostile force during the period from March 1969 to February 1970.  Again, there was no mention of the "V" Device for heroism in either the orders or the citation.

13.  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 military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

14.  U.S. Army Vietnam (USARV) Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Appendix V of this regulation provided the guidance governing award of the Combat Infantryman Badge.  Paragraph 2a stated, in effect, that MOS's, "in the 11 series with the letters b, c, d, f, g and h," are infantry MOS's. 

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

16.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he had "excellent" conduct and efficiency ratings through his tenure of service.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

17.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  

18.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 47th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 59, dated in 1969, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

20.  The applicant's DA Form 20 also shows in Item 29 (Qualification in Arms) that he qualified as a sharpshooter with the M-14 and M-16 rifles.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should show awards of the Bronze Star Medal with "V" Device and the Combat Infantryman Badge.

2.  The evidence of record clearly shows that the applicant was a medical specialist and not an infantryman.  Therefore, he was not authorized award of the Combat Infantryman Badge.  However, he was assigned to an infantry unit of brigade, regimental, or smaller size and was awarded the Combat Medical Badge.  This award should be added to his DD Form 214.

3.  The available evidence of record shows that the applicant was awarded two Bronze Star Medals.  However, there is no evidence showing that either of these awards was for heroism.  Neither of the awards orders authorized the "V" Device.  Therefore, the "V" Device, for heroism, should not have been recorded on the applicant's DD Form 214.  However, his records should show an oak leaf cluster on his Bronze Star Medal to denote the second award.

4.  It appears that the applicant's DD Form 214 has been incorrectly prepared to show a "V" Device on his Bronze Star Medal.  Even so, this Board normally does not take any action to change the applicant's records in any way that would make him appear to be worse off than he was prior to coming to this Board.

5.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal and it should be entered on his DD Form 214.

6.  General Orders show that the applicant was awarded the Army Commendation Medal for meritorious service.  Therefore, this award should be entered on his DD Form 214.

7. The applicant’s unit was cited in General Orders for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.
 
8.  Records show the applicant qualified as a sharpshooter with the M-14 and
M-16 rifles.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle 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.  deleting from item 24 of his DD Form 214 the Bronze Star Medal with "V" Device and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal for the period from 7 March 1968 to 28 February 1970; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal, Bronze Star Medal with "V" Device and oak leaf cluster, Army Commendation Medal, Vietnam Service Medal with three bronze service stars, Combat Medical Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, 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 award of the Combat Infantryman 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)                                         AR20080014329



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ABCMR Record of Proceedings (cont)                                         AR20080014329



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