IN THE CASE OF:	 

		BOARD DATE:	13 NOVEMBER 2008  

		DOCKET NUMBER:  AR20080014896 


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 he be awarded the Combat Infantryman Badge and that it be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he was eligible for the Combat Infantryman Badge, but it is not listed on his DD Form 214.  He also states that he spent 
28 days out of every month in the jungle while in Vietnam and after 2 days at the base camp, he returned to the jungle for another 28 days at a time throughout his entire tour in the Republic of Vietnam.

3.  The applicant submits a copy of his DD Form 214, dated 28 May 1968; and a copy of his DA Form 20, Enlisted Qualification Record, in support of his 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 26 May 1966.  He completed basic combat training at Fort Knox, Kentucky, and his advanced individual training at Fort Gordon, Georgia.  After completing all required training, he was awarded MOS 11B, Light Weapons Infantryman. 

3.  The applicant served in Vietnam from 5 November 1966 through 2 June 1967. On arrival in Vietnam, he was assigned to Company B, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade.  

4.  The applicant was honorably released from active duty and transferred to the United States Army Reserve (Annual Training) Control Group with an obligation to serve in the Reserve until 25 May 1972.  He was released from active duty in the rank/pay grade of Specialist 4/E-4 with 2 years of creditable service.

5.  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, and the “Expert Badge (Rifle).”  The Combat Infantryman Badge is not shown on the applicant's DD Form 214.

6.  The applicant DA Form 20 shows that he was awarded the Combat Infantryman Badge in Special Orders Number 290, published by Headquarters, 196th Infantry Brigade, on 8 December 1966.  These orders are not on file in the applicant’s service records and this award is not shown on the applicant's 
DD Form 214.

7.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16 Rifle) in Special Orders 150 published by the United States Army Training Center, Fort Gordon, Georgia, and the Sharpshooter Marksmanship Qualification Badge with 
Machinegun Bar (M-60 Machinegun) in Special Orders 154, also publish at Fort Gordon.  These awards are not shown on the applicant's DD Form 214. 


8.  While in Vietnam, the applicant participated in the following campaigns of the Vietnam War:  the Vietnam Counteroffensive Phase II which extended from 1 July 1966 through 31 May 1967, and the Vietnam Counteroffensive Phase III which extended from 1 June 1967 through 29 January 1968.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the two bronze service stars to which the applicant is entitled for his campaign participation.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 8, dated 1974.  This unit award is not shown on the applicant's DD Form 214.

11.  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 and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

12.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command [now the Human Resources 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.

13.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant held an infantry MOS and he was awarded the Combat Infantryman Badge.  Even though the award orders are not available for the Board’s review, the applicant was awarded the Combat Infantryman Badge and it was posted to his service personnel record.  He is therefore entitled to this award and to have it added to his DD Form 214.

2.  The applicant served during two campaigns while he was assigned in Vietnam.  He is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal to denote his campaign participation credit and to have these awards added to his DD Form 214.

3.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation at the time he was a member of the unit.  This unit award is not shown on his DD Form 214.  He is entitled to this unit award and to have it added to his DD Form 214. 

4.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16 Rifle) and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60 Machinegun).  The applicant is entitled to these marksmanship badges and to have them added to his DD Form 214. 

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

      a.  adding the already-awarded Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar to the applicant's DD Form 214;

		b.  awarding the applicant two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and adding these two bronze service stars to his DD Form 214; and
   
c.  awarding the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation and adding this unit award to his DD Form 214.





      _______ _   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)                                         AR20080014896



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ABCMR Record of Proceedings (cont)                                         AR20080014896



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