IN THE CASE OF:	  

		BOARD DATE:	       25 November 2008

		DOCKET NUMBER:  AR20080015215 


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 that he be awarded the Combat Infantryman Badge and any other awards due as the result of his service in Vietnam.

2.  The applicant states, in effect, that he served in Vietnam in military occupational specialty (MOS) 11B (infantryman) from 23 March 1970 to August 1970, which was when he left Vietnam and was assigned to Germany.

3.  The applicant provides a copy of page 3 (Record of Assignments) of his DA Form 20 (Enlisted Personnel 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 enlisted and entered active duty on 26 August 1968, completed training in MOS 11E as an armor crewman, reenlisted on 28 June 1969, and was transferred to Vietnam in August 1969.  

3.  In Vietnam, he was first assigned as an armor crewman in MOS 11E with 1st Battalion, 69th Armor, 4th Infantry Division.  General Orders Number 1489, Headquarters, 4th Infantry Division, dated 14 March 1970, awarded him the Army Commendation Medal for meritorious achievement during the period
13 December 1969 to 13 February 1970.
 
4.  On 23 March 1970 the applicant was a student at the Americal Division Combat Center.  He then served as an armor crewman in MOS 11E with A Company, 3rd Battalion, 1st Infantry, 11th Infantry Brigade from 25 March to 26 April 1970.  From 27 April to 26 August 1970, he was an assistant machine gunner in MOS 11B with the same unit.

5.  General Orders Number 8703, Headquarters, Americal Division, dated 10 July 1970, awarded him the Bronze Star Medal for meritorious service in connection with military operations for the period from 1 August 1969 to 1 August 1970.

6.  On 26 August 1970, the applicant returned to the United States.  He was discharged on 27 May 1971 for the purpose of immediate reenlistment.   His DD Form 214 (Report of Transfer or Discharge) lists his authorized awards as the Bronze Star Medal, Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and one overseas service bar.  

7.  He reenlisted on 28 May 1971, served in Germany; Fort Hood, Texas; and again in Germany.  He was honorably discharged as a sergeant (SGT)/E-5 on
10 August 1976 after serving 7 years, 10 months, and 20 days of total active service.  

8.  The DD Form 214 for his final period of service lists his authorized awards as the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and two overseas service bars.

9.  An unclear copy of page 3 of the applicant's DA Form 20 is the only available part of that document.  The data on that document appears to have been transposed to a DA Form 2-1, Part II (Personnel Qualification Record) on 11 April 1974 and again transposed to a new DA Form 2-1, Part II on 7 June 1976.


10.  Only the latter document marked as "Temp[orary]" shows a handwritten entry of the Combat Infantryman Badge as an authorized award in item 9 (Awards, Decorations and Campaigns).  It also indicates a second award of the Army Commendation Medal; however, there are no orders available to substantiate a second award of the Army Commendation Medal. 

11.  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.  The Awards Branch of the U.S. Army 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.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit) shows that during the applicant's tour of duty with the 1st Battalion, 69th Armor the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 3 of 1970 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53 of 1970.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation
600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to add the Combat Infantryman Badge and any other awards he is entitled to based on his service in Vietnam.

2.  Although the applicant performed duties in MOS 11B while assigned to an infantry company, there are no available orders showing he was awarded a qualifying MOS for award of the Combat Infantryman Badge or actually awarded 

the Combat Infantryman Badge during his tenure of service.  Additionally, there is no available evidence that shows he actually served in active ground combat while assigned to an infantry unit in a qualifying infantry MOS.  

3.  In the absence of orders or other substantiating information, there is insufficient available evidence to substantiate that the applicant is authorized award of the Combat Infantryman Badge.  Therefore, there is no basis to award the applicant the Combat Infantryman Badge.

4.  The applicant was awarded the Bronze Star Medal during the period from
1 August 1969 to 1 August 1970 while serving in Vietnam.  Therefore, his
10 August 1976 DD Form 214 should be corrected to show this award.

5.  The applicant's unit in Vietnam, during his tenure of assignment, 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.  Therefore, his
10 August 1976 DD Form 214 should be corrected to show these unit awards.

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 showing that in addition to the awards already shown on his DD Form 214, dated 10 August 1976, his authorized awards include the Bronze Star Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, 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 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)                                         AR20080015215



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ABCMR Record of Proceedings (cont)                                         AR20080015215



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